The Holy Orthodox Church respectfully submits this brief amicus curiae on behalf of itself and its members.INTEREST OF AMICUS CURIAE
The Holy Orthodox Church was founded by Jesus Christ and the Apostles, and bears witness to that continuous and unbroken faith. The precepts of the Orthodox Christian faith mandate the protection of innocent human life, especially that of unborn children. The Church regards abortion as murder, and as such, takes a very active role in opposing legalized abortion. That the issue of abortion has both a moral and a legal dimension to it, is indisputable. However, this cannot in any way be equated to an assertion that the two aspects are disparate, or unrelated. Rather, the two have historically been intertwined; it must be recognized that laws have traditionally been positive expressions of moral norms.
The Framers of the Constitution discerned a divine presence not only in daily living, but as reflected in the Constitution itself. "It is impossible for any man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolutionary." That is, a law must of its very nature have a moral component to it, which cannot be divorced from the law itself.
Legal precepts, particularly those of constitutional proportions, simply cannot be judged in a vacuum. This notion not only predates the Constitution; it is at the very heart of our civilization. The foundations of our morality can be found in the dawn and early morning light of the Judeo-Christian tradition, of which the Orthodox Church is a unique custodian. From its inception nearly two thousand years ago, it has never deviated from its condemnation of abortion, based on numerous scriptural references and the teaching of the Holy Fathers of the Church. The Church regards the Roe v. Wade decision as a gruesome turn on the road of judicial activism, having resulted in a holocaust which has claimed at least twenty million innocent lives.
STATEMENT OF THE CASE AND STATEMENT OF FACTS
Amicus curiae adopts the statement of the case and the statement of the facts as set out in the Appellants’ Brief.
SUMMARY OF ARGUMENT
In this case, the Holy Orthodox Church seeks to restore to our nation's law the highest principle which a civilized society can espouse—the recognition that all human life is sacred. In Roe v. Wade, 410 U.S. 113 (1973), the Supreme Court relied heavily upon its presentation of historic Christianity's teaching and practices. The assertions made in Roe were erroneous, and have no foundation in the church's traditions. Rather than being ambivalent, or even condoning abortion, as suggested by the Roe Court's opinion, historic Christianity has always condemned abortion as murder, without regard for any distinctions as to fetal development or viability.
The Roe Court also blurred the factual question of when life begins with the distinct legal question of what constitutional value attends to that life. The resulting confusion has tied the hands of legislators, and elevated abortion to the status of a near-absolute right. Unless this Court takes judicial notice, the factual question of when life begins is properly a subject for legislative findings. The strictly legal question of a life's constitutional value is the clear issue before this Court, as the State of Missouri has made an appropriate factual determination.
Science and history both mandate a conclusion that human life and constitutional personhood are coextensive, and any other result is without foundation in American jurisprudence. Consequently, the Holy Orthodox Church urges this Court to overrule Roe v. Wade, and accord full constitutional protection to all human life beginning at conception.
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Posted by Clifton at January 22, 2005 01:02 PM | TrackBack