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Defending Life on the Emerald Isle

Inside the Issues with Alan Sears

September 30, 2008
Attorneys with the Alliance Defense Fund are being blessed with a unique opportunity to defend Ireland's law barring abortion. This situation gives us the ear of judges who will be deciding whether to lift the ban, which has undoubtedly saved countless Irish lives. This case may be across the pond, but could have widespread impact in Europe and America as U.S. courts continue to look at overseas decisions when deciding cases here at home.

In recent years, groups such as the ACLU have increasingly cited "international law" to advance their legal and cultural agenda. The result is a growing use of, and reliance on, foreign case law as legal precedent in American courts deciding domestic legal questions. This is contrary to the Constitution and poses a grave threat to the sovereignty of our nation and the freedoms we enjoy as people of faith. If a European court overturns Ireland's ban on abortion, it could affect future U.S. court decisions on the sanctity of life.

The case that brought Ireland's law into the spotlight began when three women sought abortions, but were denied. They sued under the European Convention on Human Rights to overturn the country's ban on the practice. The three, who ultimately obtained abortions in Britain, are fighting to establish a "right" to abortion in Ireland. Currently, abortions are permitted there only when it is necessary to save the life of the mother.

The European Court of Human Rights granted review of the case, called A, B, & C v. Ireland. The court decided to allow the Family Research Council (FRC), represented by ADF attorneys, and two other pro-life organizations to intervene in the lawsuit. The court even invited these groups to file a joint brief defending the Ireland abortion law.

This is an unbelievable opportunity. As front-row observers of the negative effects of Roe v. Wade over the last 30-plus years in our own country, we hope to successfully convince this European court that lifting the Irish abortion ban would lead to a multitude of negative results.

"No one should be allowed to decide that an innocent life is worthless," said ADF Chief Counsel Benjamin Bull. "ADF and FRC are looking forward to defending Ireland's abortion ban so that scores of pre-born children are guaranteed the protection the Irish people gave them. This case is not only pivotal to Europe; it's pivotal to America. With greater frequency, the U.S. Supreme Court looks across the ocean to see what other countries are doing when considering its own cases. This case could be the Roe v. Wade of Europe."

A hearing in this case could occur next year. Pray for those seated on the European Court of Human Rights. Pray that the brief submitted by FRC, ADF attorneys, and these other pro-life groups would sway these judges to choose life. The plaintiffs in A, B, & C v. Ireland, by the way, are also seeking a precedent that would open the door to abortion as a right throughout most of Europe. This is an opportunity to stop that. We cannot do this without your support. By God's grace, we will be victorious in this battle so that not only Irish lives, but lives around the world, will continue to be saved.

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