Law Office

PETER B. CRARY
Attorney-Counselor at Law
North Dakota Bar # 03028
United States Tax Court # CP0284


1201 12th Avenue North ° Fargo. ND 58102
Phone 701-280-9048

 

February 8, 2003

Most Rev. Fabian W. Bruskewitz
Catholic Diocese of Lincoln, Nebraska
3400 Sheridan Blvd.
P.O. Box 80328,
Lincoln, NE 68501-0328

 Dear Bishop Bruskewitz:

As you may know, the Preborn Child Protection Act is now pending before the North Dakota Legislature. See attached House Bill 1242

As we continue to do battle for the little children in the womb in North Dakota, I am sending you this Open Letter/Call to Arms. Like the picture of the child in the womb grasping his physician’s finger, we are stretching forth our hand to you, Bishop Bruskewitz, looking for a co-defender of the unborn, holy and inflexible, who is willing to join us now to defend without compromise our preborn brothers and sisters.

Whether we like it or not we are engaged in a war, a war of ideas, a war of words, a war of ideology, but a war nonetheless, and we must expect that in every war there are casualties. The war for human life, the war to end those things that destroy human life must go on, unending, until, in God's good time, victory, by His strength and under the banner of His cross is accomplished.

Bishop Fabian Bruskewitz, "The Pro-Life Struggle", An Address to the Diocesan Pro-Life Banquet, October 22, 1999, Lincoln, Nebraska.

This bill outlaws abortion in North Dakota with no exceptions. Opposition has arisen from the North Dakota Catholic Conference. See attached letter of January 3, 2003, from Christopher Dodson to Peter Crary. The two Catholic Bishops in North Dakota, claiming consistency with the positions of the United States Conference of Catholic Bishops, have also directly expressed their opposition to the bill, stating in particular that it is contrary to Church doctrine for the civil law to penalize the mother who intentionally kills her own child. See attached letters to Peter Crary from Bishops Zipfel and Aquila. Mr. Dodson, as Executive Director of the North Dakota Catholic Conference, has also indicated that the Catholic Bishops of North Dakota would not support any legislation that is incompatible with Roe v. Wade, because it would lack a “realistic possibility of withstanding constitutional scrutiny.”

Professor Charles Rice communicated with my office about this situation.

[T]he bill is excellent and ought to be supported by the North Dakota Catholic Conference.

. . .

With few exceptions, The Catholic Bishops are part of the problem. They bear major responsibility for the pathetic state of the pro-life movement.

Letter of January 20, 2003, from Charles Rice to Martin Wishnatsky.

Surely a mother who deliberately destroys her own child should be appropriately penalized as a sanction and a deterrent, a position fully consistent with the law addressing a parent’s responsibility towards a born child. It seems strange that the civil law should be disabled in this matter, when the Catholic Church itself automatically excommunicates the mother!

The current statement of the Pro-Life Secretariat in support of a new Congressional Partial-Birth Abortion ban is another example of the moral degradation that results from attempting to legislate within the confines of the disordered sense of right and wrong exhibited by a majority of the United States Supreme Court. The Secretariat carefully demonstrates that “dismemberment abortion” is not prohibited by the redrafted legislation, and that the privacy interest of a woman in killing her child is also not implicated. “Life Insight,” November/December, 2002.* Trying to satisfy the ghoulish directives of the U.S. Supreme Court is a distasteful and morally repugnant approach to take to moral absolutes. It is apparently, however, the position of the USCCB and by derivation that of our North Dakota bishops. I note your previous comments on this moral declination:

I have also been impressed by Professor Charles Rice's view of how we ourselves, though ardent pro-lifers, have been dragged along by means of terminological bounds set by others in our own discussion of the issues that press upon us. He speaks, for example, of how we have degenerated from the question as to whether we would kill little babies before they are born and then went downward to the question of which little babies shall we kill before they are born? That is to say we will keep some of them alive, perhaps, but maybe those who are the innocent victims and result of rape and incest, for instance, are not worthy of life. Then we have gone even beyond the question of whether and which ones to the question of how it is done. Certainly, we are opposed with the utmost vigor at our command to the monstrous practice of partial birth abortion, and yet, when we step back and consider the entire situation, we can see how we have been reduced to discussing not any longer whether some babies should be killed, or which ones should be killed, but, rather, discussing the method by which it's most appropriate to kill them.

"Hope in the Pro-Life Cause,” an address to the Human Life International (“HLI”) Banquet, April 19-20, 1997 (Minneapolis, Minnesota).**

Is the Church now subservient in its public policy activities to the decrees of the secular state? How can abortion ever be outlawed if the United States Catholic Conference takes the position that only legislation compatible with Roe v. Wade or acceptable to the U.S. Supreme Court may be supported by the Church? I am dismayed and outraged by the position of my own Bishops, and ask for your pastoral insight and guidance on this basic “human rights” matter. Are you and your office willing to assist us in North Dakota to prevail for life despite the lack of support/opposition of the USCCB?

I have been a lifelong Catholic and was taught that life begins at conception and that abortion is murder and a heinous violation of God’s commandment: Thou Shalt Not Kill. Is that merely a private position, or is it one that our common humanity with the unborn child objectively requires us to defend without compromise in the public arena? Jesus said that the truth shall make us free. If we abandon all truth except what the unbelieving world will recognize, can we say that we are still free? Or do we instead become the servants of error?

I prefer to be “utterly and totally inflexible in those principles which will ultimately, in God's good time, prevail.” Bishop Bruskewitz, Address to HLI banquet, supra.

Bishop Bruskewitz, thank you for your uncompromising position in favor of human life.

We here in North Dakota are currently seeking an authoritative Roman Catholic cleric willing publicly to proclaim that the Preborn Child Protection Act (HB 1242) is exactly what is needed, not only in North Dakota, but in all the states of the Union. Are you willing to join us?

I earnestly request your immediate, complete, unequivocal and outspoken endorsement of this legislation.

Sincerely,

Peter B. Crary
Attorney at Law

*http://www.usccb.org/prolife/publicat/lifeinsight/novdec2002.htm
**http://www.dioceseoflincoln.org/brown/Bishop_hope.htm

cc (w/o encls):
Representative Sally Sandvig; Senator Russell Thane
Professor Charles Rice

Enclosures