 Clerk disavows court brief opposing Nebraska's partial-birth abortion ban |
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By John H. Adams The Layman Online Thursday, March 30, 2000
The Presbytery of Baltimore thought otherwise. The report of the presbytery's stated clerk to the commissioners attending the presbytery meeting on March 23 contained a paragraph that said Kirkpatrick "has invited the Presbytery of Baltimore to join him in filing an amicus brief in the case of Stenberg vs. Carhart before the Supreme Court of the United States, which brief will be based upon the policy statements of the General Assembly." Presbytery voted first Kirkpatrick made his decision not to submit a brief after the presbytery voted against joining the opposition to the Nebraska law. Kirkpatrick told The Layman Online that he never intended to sign an amicus brief opposing the Nebraska law. As commissioners arrived at the presbytery meeting, they were given a document titled, "INTEREST OF AMICUS CURIAE, CLIFTON KIRKPATRICK, STATED CLERK OF THE GENERAL ASSEMBLY OF THE PRESBYTERIAN CHURCH (USA)," which was described as a draft of the stated clerk's brief. Kirkpatrick disavowed any personal involvement in the document, saying it could have been sent to Baltimore by the General Assembly's litigation committee. He said the committee often prepares suggested drafts of amicus briefs long before he even takes a look at them. Draft attributed to Kirkpatrick The draft document sent to Baltimore begins with direct attribution, "Clifton Kirkpatrick, as stated clerk of the General Assembly, is the senior continuing officer of the highest …" Asked why his name is used at the outset of the draft, especially when his reputation is tied to something he might not sign, Kirkpatrick said that was simply standard procedure for the way the documents are written. The proposed draft makes a case for late-term, partial-birth abortion. It quotes a General Assembly policy statement that "the morality of abortion is a question of stewardship of life, and abortion can, therefore, be considered a responsible choice within Christian ethics and beliefs under certain circumstances." And it says, "Policy statements by the General Assembly during the past 30 years are consistent in affirming that the considered decision of a woman to terminate a pregnancy can be morally acceptable, though certainly not the only or required decision." 1997 statement not included However, it does not include a General Assembly statement made in 1997, "That the 209th General Assembly offer a word of counsel to the church and our culture that the procedure known as intact dilation and extraction (commonly caused 'partial birth' abortion) of a baby who could live outside the womb is of grave moral concern that should be considered only if the mother's physical life is endangered by the pregnancy." The Nebraska law permits partial-birth abortion when a mother's life "is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself." Commissioners received the document purported to be Kirkpatrick's draft – and the invitation to join him in an amicus brief – only as the meeting began. However, some commissioners had learned earlier about the proposal, and they did their homework on the issue. The Presbytery of Baltimore can normally be counted on to vote liberal on major issues, but this time the presbytery voted against the resolution to sign the brief. Asked why he decided not to sign the brief, Kirkpatrick said he has great "sensitivity to promote the peace and unity of the church." Because General Assembly statements on abortion are inconsistent, he said he would not sign a brief until the assembly's "moral guidelines are very clear." 'I don't want to say never' But when he was asked if he would sign no amicus brief on the abortion issue until after the General Assembly clears up those inconsistencies, Kirkpatrick said, "I don't want to say never." Kirkpatrick has been nominated for a second four-year term as stated clerk of the General Assembly. The election will be held during the 2000 General Assembly when it meets in Long Beach, Calif., this summer. No one has announced in opposition to Kirkpatrick, although a Pearland, Texas, minister, Dr. Winfield Casey Jones, said he is considering running for the office. |
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