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David Ripley: Will AG Wasden Win This Lawsuit?

June 12th, 2018 by Halli

Idaho Chooses Life

The Death Lobby recently filed a federal lawsuit against the State of Idaho, arguing that Idaho’s law on “living wills” or “advance directives” is “unconstitutional”. They are joined by the Abortion Lobby in pressing for an expanded right to destroy preborn children under the rubric of “women’s rights”.

The key issue: Idaho’s 2005 updated law on living wills provides an exception if the woman is pregnant. The justification for this exception is simple – in that case, there is another life involved. And the State of Idaho and medical personnel have a moral and legal responsibility to defend the separate rights of that preborn child to life.

The whole debate around “living wills” involves very serious moral, legal and spiritual issues. These legal documents outline the treatment choices a competent adult would make in various cases. For example, if you were in an accident and descended into a coma – would you want extraordinary medical intervention to preserve your life? Would you choose to receive food and water – while foregoing treatment options like breathing machines? And at what point would you choose one or more options?

Often, these living wills come down to making predetermined choices about when and how one might choose to die. Those theoretical questions are difficult enough for a person to make, because so much is unknown at the time those documents are signed. Many can justify such a limitation on future medical treatment because they feel they are doing their family a favor by relieving them of the burden of making difficult choices for a loved one. But this is an area fraught with troubling moral and spiritual questions in the clearest of circumstances.

The moral problems expand exponentially when one considers that this lawsuit seeks to gain a ruling striking down Idaho’s protections for preborn children.

It is one thing for an adult woman to choose death for herself, under the present structure of Idaho’s Living Will law. But it is a whole different question when one considers that there is another life at stake.

Let’s look at just one implication of this lawsuit: What if a woman files a living will with the state, stating that she does not want food & water in certain circumstances. A couple of years later, she gets married. Then pregnant. But her legally-binding choices are not updated in light of her new circumstances. Suddenly, she is in the hospital after an accident. The doctors would be required to follow her previous wishes, regardless of the desires of her husband – even if he were certain that his wife would want to preserve their baby’s life by staying on life support. It is our understanding that the filed living will would overrule any other consideration. The hospital and courts would be bound to honor the wishes outlined in that old document. That is but one reason that the Idaho Legislature had the wisdom to provide for the pregnancy exception when updating this highly complex code section.

One of the participants in this lawsuit is “Compassion & Choices” – a leading advocate of assisted suicide in the nation. We previously battled them here in Idaho when they decided that the Gem State needed to widen its welcome mat for an evil philosophy built on the worship of death. (These are the people who have hoodwinked Washington and Oregon; they are at work in California as we speak).

They are back in Idaho to advance their dark agenda – this time, hiding behind the curtain of “women’s rights”.

So it is now up to Lawrence Wasden to defend the thoughtful work of the Idaho Legislature. Frankly, his record in the area of defending preborn children leaves a lot to be desired. Most of the time he loses quickly to the Abortion Lobby. So we are concerned, particularly because the case is already highly politicized: One of the pregnant women participating in the lawsuit is Chelsea Gaona-Lincoln, a Democrat running in Caldwell for the Idaho House against our good friend, Rep. Greg Chaney.

One interesting dynamic of this lawsuit is the fact that Ms. Lincoln’s baby is expected in July, which would seem to raise questions about her legal standing to bring this suit.

Ms. Lincoln’s spouse – Democrat Evangeline Beechler – is also running for the Legislature, and is the Democrat nominee against Sen. Jim Rice this fall. Both have been very active advocates for the LGBTQ agenda at the Legislature.

We need to be encouraging Mr. Wasden to stand tall and expend the resources necessary to win this important case.

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Posted in Constitutional Issues, Family Matters, Guest Posts, Idaho Legislature, Idaho Pro-Life Issues, Politics in General | No Comments »

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