Florida Woman Kept Alive

The debate over the right to life - or death - has once again attracted national scrutiny, this time originating in the state of Florida. Legally, the male head of household has power over health care decisions for their immediate family, but the executive branch in Florida is usurping that power and weakening the institution of family. Nuclear family members have the legal right to say what is best, and without a living will, their word must be respected.

Terri Schiavo, a comatose patient living near Tampa, has been unconscious and unresponsive for over 14 years. On Oct. 15, Schiavo's husband asked doctors to remove her feeding tube after winning several court decisions, starting the slow process that would culminate in her death. Her parents, who strongly objected to Schiavo's husband's decision, appealed to Gov. Jeb Bush to force the doctors to re-insert the feeding tube.

Responding to their pleas, Bush signed an order created by the Florida Legislature that reversed the earlier judicial decisions and fully reinstated Schiavo's life support. Florida's Sixth Circuit Court is now reviewing the Governor's decision, on the grounds that it violates the separation of executive and judicial power. Also, Florida residents have the right to decline medical treatment and legal guardians are constitutionally allowed to end life support.

Despite what should have been a final decision, Bush passed a one-time, 15-day bill that is clearly designed to affect only Schiavo. Titled "Terri's Law," this legislation violates a number of past precedents allowing for the closest family members - in this case the husband - to decide the fate of their loved ones

While Bush may be promoting his and some of his constituent's beliefs, he is also disregarding the nature of our legal system. Laws should be created to benefit the community as a whole, not just for specific situations. Bush is free to offer his suggestions to Schiavo's husband, but anything more than that is a violation of his rights and privacy.

This law targets a specific case and does not set a good precedent for public policy-makers. By the institution of unique laws such as this, lawmakers may feel they have the power to make decisions on publicized matters such as this without regard to preexisting legal rulings.

Bush's intent may have been only to defer the decision of Schiavo's fate, allowing for a more in-depth legal review to take place. Unfortunately, Bush's action violates the husband's right to bring closure to 14 years of personal confusion, as well as expensive medical care.

While the choice over Schiavo's future may be complex and in the public eye, the circumstances still do not provide ample reason for the State of Florida to interfere with the family's decisions. Bush and the Florida Legislature were wrong to create "Terri's Law," and hopefully Schiavo's husband will regain control and be empowered to make the decisions that affect both his wife and his own future.