Liberty Counsel, Christian Coalition & Florida Right To Life File Amicus
Brief In Support Of Appointing A Guardian For An Unborn Child

June 26, 2003

Mathew D. Staver

Orlando, FL - Liberty Counsel, the Florida Christian Coalition and Florida Right to Life filed an Amicus Brief with Florida's Fifth District Court of Appeal, arguing that a guardian should be appointed for the unborn child of J.D.S., who is now in her 27th to 28th week of pregnancy. J.D.S. is the same case in which Gov. Jeb Bush requested that a guardian for her unborn child.. Orlando Judge Lawrence Kirkwood denied a request by Gov. Bush to have a guardian appointed for the unborn child.

The brief overviews Liberty Counsel's involvement in the Z.H. case, where a Miami judge ordered that Z.H.'s 24-week-old unborn child be aborted. Liberty Counsel had argued that a guardian should be appointed for Z.H.'s child, referred to as Baby Doe. The brief points out that in the case of Z.H., the abortion of Baby Doe was to be accomplished by a procedure known as a hysterectomy, which in that case involved a lateral incision in the lower abdomen identical to a C-section. Since Baby Doe reached viability and was therefore capable of living outside the mother's womb, Liberty Counsel argued that a guardian should be appointed to represent the child's interest. Liberty Counsel argues that the fact that Baby Doe was ultimately aborted illustrates why a viable unborn child needs a guardian in cases where the mother has been declared incompetent.

Contrary to some press reports, appointing a guardian is not unprecedented in Florida or in other states. In 1990 a judge in Broward County, Florida appointed a guardian for an incompetent mother and a separate guardian for her unborn child. A number of other state courts have similarly appointed guardians for unborn children. Indeed, 35 states have procedures where guardians can be appointed for unborn children to represent their interest in the disposition of estates.

Mathew D. Staver, President and General Counsel of Liberty Counsel, stated, "Appointing a guardian for a viable unborn child where the mother is adjudicated mentally incompetent is deeply rooted in the American legal system as a means of protecting the rights of the child who cannot speak for itself. If the vast majority of the states appoint guardians to protect the property interests of unborn children, how much more should we be concerned about protecting the most basic right - the right to life." "In Florida mental health proceedings where a guardian is appointed for the pregnant mother, the only voice unrepresented is that of the unborn child. Appointing a guardian will ensure that the state does not unnecessarily sanction the destruction of innocent human life where alternative measures may be undertaken to preserve the lives of both mother and child," concluded Staver. The court is expediting the appeal. A decision should be forthcoming sometime soon.

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SUPREME COURT EXPECTED TO ISSUE RULING ON TEXAS SAME-SEX SODOMY LAW

On Thursday morning at 10:00 ET the United States Supreme Court is expected to issue its decision on the Texas same-sex sodomy law which is being challenge by two homosexual males. As soon as the decision is rendered, we will let you know the outcome.

Mathew D. Staver, Esq.
Liberty Counsel
http://www.lc.org.

An Ally of the Alliance Defense Fund