Right to Life has been advised that the Abortion Supervisory Committee on the 20th August filed an appeal with the Court of Appeal against several important findings of the judgment of the High Court. In effect it has renewed the appeal that was brought earlier and which the Court of Appeal did not allow to proceed at that stage. The hearing in the Court of Appeal is likely to be in the first half of 2010 unless court time was available later this year. Justice Miller had found that “there is reason to doubt the lawfulness of many abortions authorised by certifying consultants.”
Justice Miller delivered his judgment on 3rd of August in the High Court in Wellington. He has declined to issue declaratory orders concluding that they are unnecessary, as the Abortion Supervisory Committee [ASC] should now be fully aware of its statutory duties. He stated, “There is no reason to suppose that the Committee will refuse to act now that its functions have been clarified. It remains the case that the Committee can be expected to administer the law as Parliament intended.” The Committee is accountable to Parliament and it is expected that the appropriate Parliamentary Select Committee will ensure that the ASC holds certifying consultants accountable for the abortions that they authorise. Right to Life is confident that the Committee will now comply with its statutory duty to hold certifying consultants accountable for the lawfulness of the abortions that they authorise. This will hopefully herald in a new era in the care and protection of women and for the right to life of unborn children in New Zealand.
The pro – abortion society, the Abortion Law Reform Association of New Zealand, [ALRANZ] is engaged in a campaign of misinformation. That society has a national membership of about 200 members. It does not represent the best interests of women and has minimal support in the community. The National President of ALRANZ, Dr Margaret Sparrow stated in a recent media release that abortion was not a crime and that the Government should stop the current Judicial Review of the performance of the Abortion Supervisory Committee by decriminalising abortion. In the interest of mothers and their unborn this statement is challenged.
In the High Court in Wellington, on 20 July, Justice Miller will hear arguments from counsel for Right to Life and the Crown on the important issue of declaratory orders.
Right to Life in seeking justice and legal protection for the human rights of our unborn children will seek at this hearing to have Justice Miller issue precise declarations to the Abortion Supervisory Committee [ASC] requesting that they fulfil their statutory duty to hold certifying consultants accountable for the exercise of their duty of certifying the performance of abortions and this way restrain the unlawful de facto abortion on demand prevailing at present in New Zealand, under the Contraception Sterilisation and Abortion Act. These declarations have the effect of declaring the law and the way in which it should be applied as set out in the fuller reasons given by Justice Miller in his judgment.
In May I circulated the “Prayer Alert” regarding the Court of Appeal held in May. At that time, the judges said there was nothing the Abortion Supervisory Committee (ASC) could appeal from Justice Miller’s recommendations made at the ’08 High Court case. This High Court hearing is the next step.
Date: Monday 20th July, probably from 10am to 1pm.
Before Justice Forrest Miller
Purpose: Declaratory Orders.
Right to Life will seek to have Justice Miller issue clear declaratory orders to the ASC setting out the statutory powers and duties of the ASC.
Re: Consent Form – Abortion
Thank you for your letter of 4 June 2009 on the issues of ultrasound scans and the consent form for an abortion. Thank you also for your advice that we should take up the issue of an amendment to the consent form for abortions with the Abortion Supervisory Committee. On the 26 May 2009 our Society wrote to the Committee providing them with a copy of your letter. We requested that they give consideration to supporting the suggested amendment and write to all the District Health Boards [DHBs] requesting that they amend their consent form for abortion. In their letter of 8 July the Committee declined to take action.
Chris Barton’s New Zealand Herald article (Weekend Saturday 22rd May) details the issues surrounding Right to Life’s recent Appeals Court action against the Abortion Supervisory Committee. Click here for link
CA SB 777: The Culture Wars Come To California’s Classrooms
The Albert Mohler Radio Program
Monday, October 22, 2007
When Gov. Arnold Schwarzenegger signed Bill 777 from California’s state senate into law, he ignited a storm of controversy across the country. Proponents of the law are arguing that it is simply intended to protect GLBT students from harassment, but as Karen England notes, the bill’s language is vague enough that it could be used to demand that curricula and policies be revised to do away with material that portrays traditional families as an ideal.
Here are some transcripts from the radio programme.
…this new law would mean if you make reference to a family as meaning a man and a woman together you could be charged with discriminatory intent.
…In California we have changed the legal definition of gender. It is not the gender you were born with but the gender you believe you are that day…
If I wake up and I’m a boy physically but I think I’m a girl that day, the law has to treat me as a girl.This means if I am a boy who want’s to access the girls rest rooms the law has to allow me otherwise you are promoting a discriminatory bias against my gender.
…Your child who you think to be a boy could be in school all day demanding to be treated as a girl, he could be David to you and Darlene at school. At school the teacher is required to required him as a girl, to call him by the girls name he chooses, to let him go to the girls bathroom, change his clothes in the girls locker room, he hangs around with the girls. considers himself a girl, has to be referred to as ‘she’, and in every way recognised as a girl, because that’s what this student demand would be and yet when Darlene’s parents David presenting himself as Darlene, when the student’s parents come in unless the student explicitly gives the school the authority to reveal this the parents just assumes he is David at school just the same as everywhere else. You are talking about children, you are talking about young children. This is some of the scariest stuff I have ever heard. This is not proposed policy that is now the actual policy in the Los Angeles Unified School District Ref 1557 from the office of general Council from the LA Unified School District…
The full Court of Appeal on Tuesday 12 May 2009, dismissed the appeal of the Abortion Supervisory Committee (ASC) against several matters in the judgment of Justice Miller given in the High Court in June last year. The Court ruled that as the High Court had not made declaratory orders, the appeal was outside the jurisdiction of the Court of Appeal. It was requested that an application now be made by Right to Life and the appellant, for a hearing in the High Court before Justice Miller at which arguments would be presented on the form of the declaratory orders. Right to Life’s counsel has consulted with the Crown counsel Ms Cheryl Gwyn who has agreed to make a joint application to the High Court for this hearing to take place at an early date. Both parties to this action are desirous of having the issue of declaratory orders resolved promptly. The original case that was heard at a two day hearing in April in the High Court will not be re-heard, the judgment made on that hearing by Justice Miller stands.
When World War II ended General Dwight D. Eisenhower ordered thousands of films and photographs taken of the horror of the death camps. When asked why, he replied, “The day will come when some son of a #@%!# will say, this never happended.” That Holocaust claimed 6 million lives.
Today there is another holocaust that is taking place. This one is silent, under the radar. Yet in the last thirty years, this holocaust has taken more lives, worldwide, by well over an order of magnitude. It’s horror hidden by the protective machinery of government and media, and by the indifference of you and I and yes even by those who should be speaking out the loudest, most churches.