Lawyers to appeal religious liberty issue to U.S. Supreme Court in Terri Schiavo case

LAKELAND (FBW)-In the second time in less than a year, the U.S. Supreme Court will be asked to consider an appeal related to Terri Schiavo, a brain-damaged Florida woman whose plight has pitted pro-life and euthanasia adversaries against each other in a case drawing world-wide attention.

Dismissing an appeal that would have considered the religious liberty rights of Terri Schiavo, Florida’s 2^nd District Court of Appeal squelched that argument at the state level by issuing their ruling without an opinion Feb. 4.

The ruling leaves Bob and Mary Schindler, Terri’s parents, without many options in Florida, but does clear the way for their attorneys to take the issue of a disabled person’s religious liberty rights all the way to the U.S. Supreme Court.

“We have been all along planning to do that,” Barbara Weller, an attorney with the Gibbs’ Law Firm which represents the Schindlers, told Florida Baptist Witness Feb. 9.

After the 2^nd DCA’s ruling, Weller said the Schindlers are doing “amazingly well,” but saddened to learn their daughter’s religious beliefs apparently are not taken seriously.

“We’re just very disappointed that [the 2^nd DCA] chose not to deal with such an important issue of the free exercise of religion, which his one of the most important foundations of our American government,” Weller continued.

Weller said her firm will continue to press for Terri’s religious and due process rights, despite the refusal by the nation’s high court to hear an appeal on whether Terri’s Law, passed by the Florida Legislature in 2003 was unconstitutional, as the Florida Supreme Court had ruled.

The 2^nd DCA’s decision, when it is finalized procedurally Feb. 22, will most likely end a current stay issued by Pinellas County Circuit Judge George Greer that temporarily halts his 2000 ruling that healthcare workers, at the request of Terri’s husband and guardian, Michael Schiavo, could discontinue feeding Terri – an act that would result in her death by starvation and dehydration within 7-10 days.

Weller said she believes Michael Schiavo’s attorney, George Felos, is incorrect in statements he has made to the press that healthcare workers will be able to begin the starvation process again Feb. 22.

“We still have other avenues of appeal,” Weller said, explaining that since several courts are involved, her firm cannot request a stay in anticipation of another stay’s expiration.

Greer is expected to rule Feb. 11 whether another pending motion can proceed. It deals with whether Terri Schiavo’s constitutional right to due process was violated when she was not assigned an independent attorney to represent her in a battery of court decisions throughout the past six years.

Terri, an otherwise healthy 41-year-old woman, was found unconscious in her home in 1990 – having suffered brain damage after her heart stopped. Some doctors have ruled she is in a Persistent Vegetative State. Others agree with her parents who say that with rehabilitation she might learn to swallow and be able to improve. Nutrition and hydration has twice been discontinued in her case and restored only after court intervention.

A few years after her collapse Michael Schiavo won over a million dollars in a malpractice suit against doctors, after which he ended communication with her parents and placed a “do not resuscitate order” with healthcare workers. He told the court Terri would not wish to continue to live in her present condition and barred efforts to rehabilitate his wife.

Terri’s parents have long argued that Micahel Schiavo’s continued guardianship of their daughter presents a conflict of interest. He has lived with his long-time girl friend, with whom he has had two children, for at least nine years.

After the 2^nd DCA’s latest decision, Mary Schindler told the Witness she wasn’t surprised, but was disappointed the considering the Pope’s statements last year that Catholics should not withdraw food and water. Schindler and her family, including Terri, are devout Catholics who have said they consider the Pope’s insight critical to Terri’s case.

“I take each day at a time and think about it all of the time,” Schindler said of the courts’ various rulings and the possibility a court will instruct workers to discontinue feeding Terri. “I keep hoping this time it’s not going to happen. So many people are aware that she is just a healthy brain-damaged person. I pray something can be done.”

Recounting a visit with Terri Feb. 7, Schindler said she appears to be doing well, though maybe a bit on the “sleepy side” due to medications she believes Terri is being given for twitching the family had observed several weeks ago. According to the Schindlers and their attorneys, Michael Schiavo has previously ordered healthcare workers to not discusss Terri’s medical condition with them.

“She laughed and she started trying to vocalize again,” Schindler said of her daughter during the visit to the hospice where she has lived for several years.

“I just keep telling her the same thing, ‘just hang in there. You’ve been so strong so far. I know you can hold on a little bit longer,’” Mary said.

Both Schindler and Weller said they are encouraged by a recent article in The New York Times describing a breakthrough in testing brain-damaged individuals to see how much they are aware of their surroundings.

“I thought they were talking about my daughter,” Schindler said animatedly. “I absolutely think she should definitely have this test. Absolutely. I would love to see her have that test and see what she does when she hears our voices.”