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UPDATE: Woman to leave Texas to get abortion after state Supreme Court blocks ruling

December 11, 2023 Catholic News Agency 1
A sign welcoming patients from East Texas is displayed in the waiting area of the Women’s Reproductive Clinic, which provides legal medication abortion services, in Santa Teresa, New Mexico, on June 15, 2022. / Credit: ROBYN BECK/AFP via Getty Images

Washington, D.C. Newsroom, Dec 11, 2023 / 18:15 pm (CNA).

A woman who sued Texas state officials so she could obtain an abortion has decided to get an abortion in a different state after the state Supreme Court blocked a lower court ruling that could have granted her an abortion.

“Kate [Cox’s] case has shown the world that abortion bans are dangerous for pregnant people and exceptions don’t work,” Nancy Northup, president of the Center for Reproductive Rights, which is representing her in the lawsuit, said in a statement.

“She desperately wanted to be able to get care where she lives and recover at home surrounded by family,” Northup said. “While Kate had the ability to leave the state, most people do not, and a situation like this could be a death sentence.” 

The Texas Supreme Court intervened in the litigation on Dec. 8 after Travis County District Judge Maya Guerra Gamble issued a temporary order that would have restricted state officials from enforcing Texas abortion laws against hospitals and doctors who would have performed the abortion for the woman. 

Gamble’s Dec. 7 order came amid the preborn child’s diagnosis of trisomy 18. Only about 5%-10% of babies born with this condition will live past their first birthday. Her order also claims the woman’s doctor determined that she could suffer long-term health complications, such as future fertility problems, if she continued the pregnancy.

The Supreme Court’s intervention restored the state’s ability to enforce its laws but did not put an end to the litigation, noting that the ruling is “without regard to the merits” of the case and it allows the case to proceed. The pro-abortion group will continue the litigation “because the issues in this case are capable of repetition,” they said in a Dec. 11 court filing.

The litigation is scheduled for a hearing on Dec. 20 in the Travis County District Court. 

Texas Attorney General Ken Paxton has accused Gamble of being an “activist judge” and has argued that the ruling failed to show any “reasonable medical judgment and a life-threatening physical condition” and did not meet “the legal standard” for a permissible abortion under Texas law.

State law prohibits abortions in most circumstances, with an exception when the life of the mother is at risk or she could face serious problems with her physical health.

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Supreme Courts in three states set to hear abortion case arguments

December 11, 2023 Catholic News Agency 1
The Celebrate Life Day rally was organized to commemorate the first anniversary of the Dobbs v. Jackson Women’s Health Supreme Court decision. / Anna Rose Layden/Getty Images

Washington, D.C. Newsroom, Dec 11, 2023 / 07:00 am (CNA).

This week state Supreme Courts in Arizona, Wyoming, and New Mexico will hear oral arguments for litigation related to the states’ abortion laws. In all three cases, the pro-life side will be argued by lawyers at the conservative Alliance Defending Freedom. 

Arizona: Defending life from the moment of conception

The Arizona Supreme Court will hear oral arguments Tuesday, Dec. 12, on whether prosecutors can enforce the state’s pre-Roe v. Wade abortion laws, which prohibited most abortions at the moment of conception.

Arizona’s prohibition was declared unconstitutional shortly after the U.S. Supreme Court’s Roe v. Wade ruling, which legalized abortion nationwide. Despite the law being unenforceable for about 50 years, the state Legislature never repealed the law and the prohibition is still technically written into the state code.

Following the U.S. Supreme Court overturning Roe v. Wade in 2022, then-Attorney General Mark Brnovich requested that the 50-year-old injunction that blocked the enforcement of the law be lifted.

The law in question prohibits both chemical and surgical abortions in every case, except when it is necessary to save the life of the mother. There are no criminal penalties on the books for the mother who procures an abortion, but anyone who “provides, supplies, or administers” drugs or other substances, or “employs any instrument or other means whatever, with the intent thereby to procure the miscarriage” is subject to a prison sentence between two and five years.

Following the Supreme Court overturning Roe v. Wade, the Arizona Legislature passed a bill to prohibit abortion after 15 weeks of pregnancy. This is the threshold that is currently enforced in Arizona.

Wyoming: Lawmakers try to defend state’s pro-life laws

The Wyoming Supreme Court will hear oral arguments Tuesday, Dec. 12, on whether two state lawmakers and a pro-life organization have standing to intervene in a lawsuit about the state’s pro-life laws, which are currently held up in the court system. 

State Reps. Rachel Rodriguez-Williams and Chip Neiman, along with Right to Life of Wyoming, are appealing a trial court decision that blocked them from intervening in a lawsuit that challenges the Life Is a Human Right Act, which prohibits chemical and surgical abortions in most circumstances. 

A district court judge blocked the enforcement of the law in March of this year.

The lawmakers and the pro-life organization argue that they have standing to defend the state law because they “have abiding interests in protecting women and unborn children.”

Abortion is currently legal up to the point of viability in Wyoming. 

New Mexico: County asks court not to recognize a constitutional right to abortion

The New Mexico Supreme Court will hear oral arguments Wednesday, Dec. 13, on whether the state constitution protects a right to abortion after state Attorney General Raúl Torrez petitioned the court to strike down local pro-life ordinances in a handful of cities and counties. 

In his petition, Torrez asked the court to find a constitutional right to abortion within the New Mexico Constitution and declare the ordinances unconstitutional. There is no explicit right to “abortion” mentioned anywhere in the state constitution, but the attorney general claimed that abortion rights are implied in several sections of the state constitution. 

Roosevelt County is asking the Wyoming Supreme Court to find that there is not a constitutional right to abortion. The county is asking the court to allow its ordinance, which bans the shipment of abortion materials by mail, to remain in effect.

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Orphan rescued by Mother Teresa promotes cause of Minnesota nun 

December 10, 2023 Catholic News Agency 2
Patrick Norton stands near Sister Annella Zervas’ grave, October 2022. / Credit: Patti Armstrong

St. Paul, Minn., Dec 10, 2023 / 06:00 am (CNA).

Pointing toward the Our Lady of Lourdes Grotto at the Saint Benedict Monastery cemetery in St. Joseph, Minnesota, 61-year-old Patrick Norton recounts the day 13 years ago when he was painting light posts in front of a statue of the Blessed Mother and encountered who he believes was Sister Annella Zervas, OSB.

Zervas, a Benedictine sister, died in 1926 at the age of 26 of a debilitating skin disease.

Norton, who was plucked from the streets of Bombay as a child by Mother Teresa and later adopted by an American family, had been hired by the College of Saint Benedict on Oct. 27, 2010, to do some painting. He told CNA that while finishing up the last light post in front of the grotto he thought to himself, “I wonder if the Blessed Mother thinks I am doing a good job?” When he looked down, there was a nun in full Benedictine habit.

“‘You are doing a good job,’ she told me. We talked a little, but I don’t remember what it was about. Then I watched as she disappeared,” he told CNA.

The encounter was so astonishing that Norton kept it to himself for a year. But in a chance conversation, he was told “there is a holy nun buried in that cemetery” and he came to learn it was Zervas. Eventually, he saw a picture of her and was certain that she was the one who had appeared to him.

Patrick Norton stands beside the lamp post he was painting near the Marian grotto when he saw a woman in full Benedict habit who he believes was Sister Annella Zervas. Credit: Patti Armstrong
Patrick Norton stands beside the lamp post he was painting near the Marian grotto when he saw a woman in full Benedict habit who he believes was Sister Annella Zervas. Credit: Patti Armstrong

An elderly religious sister at Saint Benedict Monastery — who also happened to be named Sister Annella — shared with Norton pictures of Zervas and a booklet about the young sister’s life called “Apostles of Suffering in Our Day” by Benedictine priest Joseph Kreuter, published in 1929.

“Why isn’t she a saint yet?’ Norton asked.

“Oh, I’m in my 80s and I’m the only one promoting her cause,” she replied.

“Sister, why can’t I help you out?” he replied.

Norton said she just looked at him. “I didn’t have any experience but felt compassion for her, and also, I did see Sister Annella, so I felt I had to promote her cause.”

He read in the booklet that Zervas entered the convent at age 15 and died from a painful, unsightly, and odiferous skin disease at age 26. She was also subjected to attacks from the devil and from a heartburn that made it hard to keep food down. At the time of her death, she weighed only 40 pounds. Yet, she asked God to allow her even more suffering and for the strength to bear it so she could offer it up for the Church. 

Every week, Norton made 10 copies of the booklet to pass out. “I went to Sister Annella’s grave and told her, ‘If I am going to make more books, I need money.’” 

A short time later he had a conversation with someone he had just met and told about Zervas. “How can I help?” the person asked him. 

“Can you help me make 20 books a week instead of just 10?” 

“How about 20,000?” the donor, who wanted to remain anonymous, replied. 

The number of books Norton has now distributed is about 100,000. It was also previously published in French and Sri Lanken. 

Another good Samaritan arranged for Norton to be interviewed for a video called “The Sanctity of Two Hearts.”

A friend of Norton’s located Joanne Zervas, a niece of Sister Annella’s, and Norton met with her. She gave him many of her aunt’s personal effects for safekeeping, including family letters, a silver spoon used to give holy Communion when Zervas was incapacitated, her rosary, a book stained with what is believed to be her blood, and candles that burned in her room when she died.  

Word spread about the sister and there were reports of answered prayers through her intercession. Yet, it seemed unlikely that a cause for her canonization would open. 

Norton recounted that Bishop Donald Joseph Kettler of the Diocese of St. Cloud encouraged him to keep telling his story but declined to take further steps in order to respect the wishes of the Benedictine sisters who were not interested in opening a cause for Zervas. 

In a SC Times article in 2017, a spokesperson for the Sisters of the Order of St. Benedict in St. Joseph, Minnesota, said it was not the Benedictine way to promote one sister above another as it would “be contrary to humility.” A spokesperson from the diocese said that without their support, there would be no cause. 

But Norton and a small group that had formed to pray that her cause be opened met monthly at the cemetery and kept praying. 

After years of disappointment, Archbishop Bernard Hebda of St. Paul and Minneapolis informed Norton that he was appealing to the wrong diocese. Zervas had died in her parents’ home in Moorhead, Minnesota, which is in the Crookston Diocese. But again, there was no interest in opening a cause there.

“I went through darkness,” Norton admitted. “I would say, ‘Really Lord, are you hearing me?’  One day I said, ‘I’m not getting any younger you know.’”

Norton questioned if he was even the right person to promote Zervas. “I’m not a doctor or a lawyer; I’m just a painter,” he said. But he had told the Lord: “Let me live each day for you, and I will tell people about her through my nothingness.”

Patrick Norton speaks during event at the grotto in the cemetery during event where the bishop's letter was read in October 2023. Credit: Patti Armstrong
Patrick Norton speaks during event at the grotto in the cemetery during event where the bishop’s letter was read in October 2023. Credit: Patti Armstrong

Then in 2021, Bishop Andrew Cozzens was appointed to the Diocese of Crookston. Norton heard that Cozzens had known about Zervas since he was a boy. Then on Oct. 15 Norton heard — through a letter from the bishop that was read at the cemetery to the prayer group — that initial steps are being put in place by the diocese to begin an investigation into Zervas’ life, which will make it possible for a cause to be opened.

Norton has now been promoting Zervas’ story for more than a decade.

“I couldn’t fall asleep that night,” Norton told CNA. “I was overwhelmed. The first thing I did was to thank Our Lord and Our Lady. Before going to bed, every night, I always kiss the cheek of Our Lady of Fátima statue [in his home] and say, ‘Good night, Mother.’ And I kiss the feet of Our Lord on a big crucifix from a monastery in Spain and say, ‘You are my Lord and my God. There is no other God, and I love you.’”  

“Even before Sister Annella appeared to me, every Mother’s Day, I brought roses to the grotto and would tell [Mary], ‘You are the best Ma in the whole world. Happy Mother’s Day, Ma.’ I’d sit there and look at the big crucifix and pray the rosary.” 

Norton said he is at peace with his efforts over the years to make Zervas’ life and holiness known. “Since the diocese is taking over, I’m going to just be silent and do my best to live in humility and pray,” he said. “I will pray a lot and thank the Lord for the work he is doing.”

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