Timothy Sandefur returns from his temporary exile to write a long and thoughtful post about the Schiavo situation. And congratulations to him for closing on a new home with his lovely Erin. Jason Kuznicki, meanwhile, has also written a good post on the subject. He concludes with this:
For the record, my wishes for the end of my own life are as follows: I trust my lifelong companion, my husband under the laws of Canada, Scott R. Starin, to make all medical decisions for me whatsoever. I do not trust anyone else with this capacity, no matter who they are.
I expect Scott’s decisions to be followed down to the very last detail when I am incapacitated. I do not want my body to be kept alive artificially in a persistent vegetative state when there is no hope of recovery, and I trust Scott to make the determination of when and how my life will end if ever this state should befall me.
Now, if only a marriage allowed us to make such decisions–but apparently it doesn’t anymore.
And, to juxtapose this controversy with the gay marriage issue, if only the law in the United States would recognize that Jason and Scott’s relationship deserves the legal protections that Michael and Terri’s marriage comes with in situations like this. Can you imagine what would be going on if this was a gay couple? The law currently recognizes a spouse as the primary decision maker in such circumstances, which is one of the big reasons why Michael Schiavo keeps winning in court (and ironically, the right wants judges to be activist enough to ignore that legal reality and just declare him not to be the decision maker despite the clear legal principle). But since gay couples can’t have “spouses” officially, it doesn’t apply there. Imagine if this happened in a gay couple, one of whom had made clear as Jason just did that his partner was the person to make the decision, but his parents objected to that? You’d have a real mess on your hands, even worse than this situation. But remember, you can’t allow gays to get married…because marriage is such a good thing. Or something.