Marlise Muñoz living will must be honored or else we are all one step away from becoming wards of the state.
She did not have a living will. If she did I might agree with you.
Texas has disregarded Mrs. Muñoz end of life wishes. At this point we don't know what they were under these conditions.
Texas has also disregarded legal rights of marriage because they have ignored Mr. Muñozs wishes for his wife. Regardless of marriage, no man or husband has the right to terminate a woman's pregnancy.
Texas is deciding what medical treatment Mrs. Muñoz should or should not get. The state does have that right, under the law. If Marlise was alive and she decided she wanted an abortion at 8 months, she could not get one. The state can also choose not to insert a feeding tube into a brain dead patient. The state can commit a mentally ill person to a mental health facility, the state can quarantine someone with a contagious disease . .etc. . .etc. . .etc.
What else will be forced by the state for medical decisions in the future? I don't believe the state is forcing anything. Marlise could have chosen to have an abortion while she was alive. She didn't. There might be an issue IF Marlise had left a written medical directive, but she didn't.
Here are some scenarios for kickers:
>Your 98 year old terminally ill mother has a do not resuscitate wish stated in her living will? Ah the state knows what is best and resuscitation will be performed. The state will follow a written DNR, there is no legal grounds not to in the case of a terminally ill 98 yr old.
>Your wife is going through a life threatening pregnancy? A law is in place that only allows specific medical procedures that could risk both lives because the state has
decided this. The Supreme Court was quite clear on choices of the health of the mother. It would be unconstitutional to deny anyone life saving medical treatment. Marlise's health is not even a question here.
>You want to care for your ill child/family member at home? The state thinks that your care this is not the right medical treatment for your loved one, so they are forced
into a hospital or institution. Depending on the situation this is already true. There are many laws as to who and where medical treatments can be given. You're hair dresser, Barb, can't give you an abortion in the back of her beauty salon (thank gawd!). Your Uncle Bob can't perform appendectomies in his basement for some side money to subsidize his plumbing business. And you may or may not be able to give your child certain medical treatments in your home.
We must remove the emotion of the pregnancy and discuss the long term effects of what is being done to Mrs. Muñoz by the state of Texas. Exactly. Laws and constitutionality need to be considered outside of emotions. Once precedents are set, they are rarely reversed.
Let's take the case of Melissa Sowders', also in the state of Texas. She was still legally married to her husband, and two months pregnant with her bf's baby. Her soon-to-be ex killed her and her unborn child. BUT let's say instead of hiding her body in a river, he just ran screaming from his apartment. And let's say Melissa was found by someone and was rushed to the hospital in an attempt to save her life. Despite everything the medical professionals did, she was declared brain dead, but the baby had a heart beat. Now not unlike Marlise, Melissa also did not leave a written medical directive. Sooo. . .her husband, yeah, the one who just killed her, has legal power of attorney. And being her husband, he is also the assumed father under the law. What you are saying is that it would be HIS choice to suspend life support and terminate her pregnancy?
Its the abuse of state power on its citizens and it is terrifying to say the least.