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Roger Townsend's Legal Resources
CHILDREN LEARN
WHAT THEY LIVE
By Dorothy Law Nolte
Mother Teresa's Letter to the US
Supreme Court.
The following brief was filed recently before the U.S. Supreme Court in the cases of
Loce v. New Jersey and Krail et al. v. New Jersey,
by Mother Teresa.
I hope you will count it no presumption that I seek your
leave to address you on behalf of the unborn child. Like that child I can be considered an
outsider.
I am not an American citizen.
My parents were Albanian.
I was born before the First World War in a part of what was not yet, and is no longer, Yugoslavia.
In many senses I know what it is like to be without a country.
I also know what is like to feel an adopted citizen of other lands.
When I was still a young girl I traveled to India.
I found my work among the poor and the sick of that nation, and I have lived there ever
since.
Since 1950 I have worked with my many sisters from around the world as one of the
Missionaries of Charity.
Our congregation now has over four hundred foundations in more that one hundred countries, including the United States of America.
We have almost five thousand sisters.
We care for those who are often treated as outsiders in their own communities by their own
neighborsthe starving, the crippled, the impoverished, and the diseased, from the
old woman with a brain tumor in Calcutta to the young man with AIDS in New York City.
A special focus of our care are mothers and their children.
This includes mothers who feel pressured to sacrifice their unborn children by want,
neglect, despair, and philosophies and government policies that promote the dehumanization
of inconvenient human life.
And it includes the children themselves,
innocent and utterly defenseless, who are at the mercy of those who would deny their
humanity.
So, in a sense, my sisters and those we serve are all outsiders together. At the same
time, we are supremely conscious of the common bonds of humanity that unite us and
transcend national boundaries.
In another sense, no one in the world who prizes liberty and human rights can feel
anything but a strong kinship with America.
Yours is the one great nation in all of history
that was founded on the precept of equal rights and respect for all humankind, for the
poorest and weakest of us as well as the richest and strongest.
As your Declaration of Independence put it, in words that have never lost their power to
stir the heart:
"We hold these truths to be self evident: that all men are created equal; that they are endowed by their creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness "
A nation founded on these principles holds a
sacred trust: to stand as an example to the rest of the world, to climb ever higher in its
practical
realization of the ideals of human dignity, brotherhood, and mutual respect.
Your constant efforts in fulfillment of that mission, far more that your size or your
wealth or your military might, have made America an inspiration to all mankind.
It must be recognized that your model was never one of realized perfection, but of
ceaseless aspiration. From the outset, for example, America denied the African slave his
freedom and human dignity. But in time you righted that wrong, albeit at an incalculable
cost in human suffering and loss of life.
Your impetus has almost always been toward a fuller, more all embracing conception and
assurance of the rights that your founding fathers recognized as inherent and God-given.
Yours has ever been an inclusive, not an exclusive, society.
And your steps, though they may have paused or faltered now and then, have been pointed in
the right direction and have trod the right path.
The task has not always been an easy one, and each new generation has faced its own
challenges and temptations.
But in a uniquely courageous and inspiring way, America has
kept faith.
Yet there has been one infinitely tragic and destructive departure from those American
ideals in recent memory.
It was this Courts own decision in Roe v. Wade (1973) to exclude the unborn child from the human family.
You ruled that a mother, in consultation with her doctor, has broad discretion, guaranteed
against infringement by the United States Constitution, to choose to destroy her unborn
child.
Your opinion stated that you did not need to "resolve the difficult question of when
life begins." That question is inescapable.
If the right to life in an inherent and inalienable right, it must surely exist wherever life exists.
No one can deny that the unborn child is a distinct being, that it is human, and that it
is alive.
It is unjust, therefore, to deprive the unborn
child of its fundamental right to life on the basis of its age, size, or condition of
dependency.
It was a sad infidelity to Americas highest ideals when this Court said that it did
not matter, or could not be determined, when the inalienable right to life began for a
child in its mothers womb.
America needs no words from me to see how your decision in Roe v.
Wade has deformed a great nation.
The so-called right to abortion has pitted mothers against their children and women against men.
It has sown violence and discord at the heart of
the most intimate human relationships.
It has aggravated the derogation of the fathers role in an increasingly fatherless
society.
It has portrayed the greatest of giftsa childas a competitor, an intrusion,
and an inconvenience.
It has nominally accorded mothers unfettered
domination over the independent lives of their physically dependent sons and daughters.
And, in granting this unconscionable power, it has exposed many women to unjust and
selfish demands from their husbands or other sexual partners.
Human rights are not a privilege conferred by government.
They are every human beings entitlement by virtue of his humanity.
The right to life does not depend, and must not
be declared to be contingent, on the pleasure of anyone else, not even a parent or a
sovereign.
The Constitutional Court of the Federal Republic of Germany recently ruled that "the
unborn child is entitled to its rights to life independently of acceptance by its mother;
this is an elementary and inalienable right that emanates from the dignity of the human
being."
Americans may feel justly proud that Germany in 1993 was able to recognize the sanctity of human life.
You must weep that your own government, at present, seems
blind to this truth.
I have no new teaching for America. I seek only to recall you to faithfulness to what you
once taught the world.
Your nation was founded on the propositionvery old as a moral precept, but startling
and innovative as a political insightthat human life is a gift of immeasurable
worth, and that it deserves, always and everywhere, to be treated with the utmost dignity
and respect.
I urge the Court to take the opportunity presented by the petitions in these cases to
consider the fundamental question of when human life begins and to declare without
equivocation the inalienable rights which it possesses.