OpEd Contributor
An open letter to Notre Dame's president to release abortion protestors
By: Thomas Brejcha
OpEd Contributor
September 2, 2009
Dear Father Jenkins:
I’m writing you, as president of Notre Dame, my alma mater, with an urgent plea that you drop the criminal trespass charges that have been pending against the many defendants – most of whom are faithful, fervent pro-life Catholics – who “dared” to venture onto Notre Dame’s campus last Spring, 2009, to bear peaceful, prayerful witness to the sanctity of all human life, from conception to natural death.
Among them were at least one priest and several nuns, Norma McCorvey, the “Jane Roe” of Roe v. Wade, former presidential candidate Alan Keyes, two ladies – Jane Brennan, author of Motherhood Interrupted (2008), and Laura Rohling – who preach about healing and hope after abortion in the Archdiocese of Denver, Colorado, and many other non-violent participants in America’s pro-life movement.
Many were praying the rosary or singing religious hymns. The priest – Fr. Norman Weslin, who regularly prays and counsels abortion-bound women about live-saving alternatives outside the Omaha, Nebraska abortion facility of late-term abortionist, Dr. Leroy Carhart – carried a heavy wooden cross and a rosary.
Others carried signs proclaiming that life is sacred, that abortion kills children, and other pro-life messages. All were arrested, handcuffed, and hauled off to jail where they spent the night and sometimes longer in custody.
Surely that protracted detention and the humbling impact of a public arrest on trying to enter the campus of America’s premier Catholic university was enough of a penalty to offset whatever “injury” or “insult” these good people inflicted on Notre Dame’s property rights.
So, it was shocking to hear that the charges were not quickly dropped, and an even worse surprise to hear that these good Catholics had to return to South Bend to enter their pleas of “not guilty” and then again to demand jury trials.
When the St. Joseph County prosecutor backed off the latter demand, we were yet more deeply aggrieved on hearing, Fr. Jenkins, that you had responded to a request that the charges be dropped by claiming that “it is out of [your] hands.”
With respect, Father, the future of these cases – if they must go on – is squarely in your hands. Notre Dame is the complainant. Its security personnel directed and/or conducted the arrests, pointing out those who would be arrested (pro-lifers) and those who would not (those carrying pro-Obama signs and/or taunting the pro-lifers).
Participation of Notre Dame witnesses will be essential if these 88 cases – all of which are to be scheduled for jury trials – actually go forward. Some defenses that already have been raised by initial trial counsel – e.g., Catholics’ access to the Sacred Heart Basilica on campus – also would require Notre Dame witnesses’ involvement in the trials.
I’m not only a Notre Dame alumnus but also president and chief counsel of a public interest law firm, based in Chicago, the Thomas More Society. We founded the Society over 10 years ago to carry on the defense of a nationwide federal class action lawsuit against pro-life protesters, NOW v. Scheidler.
The Scheidler case involved charges that what Dr. M.L. King called “peaceable, non-violent direct action” (Letter from Birmingham Jail (April, 1963)) constituted the federal felony crimes of extortion and racketeering.
We won Scheidler only after two decades of litigation and three U.S. Supreme Court appeals. We finally prevailed, with two successive Supreme Court wins, both by decisive, bipartisan margins: by 8-1 (2003) and then by 8-0 (2006).
Notre Dame helped us when we defended NOW v. Scheidler. Fr. Hesburgh wrote letters and agreed to testify as a character witness at the trial. Fr. Joyce sent us many generous donations. Notre Dame law professor Bob Blakey argued our first Supreme Court appeal.
But now the “Notre Dame 88" have asked us to take the lead in their defense. Not to spite Notre Dame but because we love it, we have agreed. America’s civil rights movement is ongoing, and the pro-life movement is its next phase.
Notre Dame should not only support this new civil rights movement but lead it. It should honor all who dare to speak out for the dignity of all human beings – born or unborn, wanted or unwanted, humble or exalted – not prosecute them!
Thomas Brejcha is president of Thomas More Society Pro-Life Law Center and founder of the freethend88.org website.
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