Terri Schiavo’s Parents Ask Court to Rehear Religious Liberties Lawsuit

Bioethics   |   Steven Ertelt   |   Jan 12, 2005   |   9:00AM   |   WASHINGTON, DC

Terri Schiavo’s Parents Ask Court to Rehear Religious Liberties Lawsuit Email this article
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by Steven Ertelt
LifeNews.com Editor
January 12, 2005

Pinellas Park, FL (LifeNews.com) — The parents of Terri Schiavo have asked a Florida appeals court to rehear their case arguing that starving the disabled woman to death is a violation of her First Amendment religious rights.

Bob and Mary Schindler contend that, as a Catholic, Terri would never have approved of her estranged husband denying her food and water by removing her feeding tube.

They point to recent comments by Pope John Paul II reaffirming the Catholic Church’s position against assisted suicide and calling the removal of feeding tubes used by patients such as Terri "euthanasia by omission."

However, the Florida Second District Court of Appeal affirmed a lower court ruling rejecting their arguments. The appeals court did not authorize a hearing on the appeal and issued no written opinion as to why it dismissed the case.

Because the appeals court did not issue a written opinion, the decision cannot be appealed to the Florida Supreme Court. The only option the Schindlers have in this aspect of the legal battle is to ask for a rehearing.

Terri has just days to live following the denial of the religious liberties case. The Schindlers filed a motion Thursday asking Circuit Court Judge George Greer to void his 2000 order allowing Michael to remove the feeding tube.

After having exhausted other methods of saving her life the Schindlers’ attorneys say Terri was improperly deprived of her due process rights because she never had her own attorney.

"In reviewing the many boxes of court filings," said attorney David Gibbs, who represents the Schindlers, "we cannot find a single instance where Terri was afforded the right of every American to have a lawyer who would represent her own interests."

Terri’s legal rights are controlled by Michael who remains her legal guardian despite years of failing to file proper paperwork with the government.

The Schindlers on Tuesday filed another motion asking Judge Greer to remove Michael as Terri’s guardian.

Related web sites:
Terri’s parents – https://www.terrisfight.org