Filial Responsibility Laws and the Fourth Commandment

Friday, September 3, 2010 A.D.

Honor your father and your mother, that you may have a long life in the land the LORD, your God, is giving you. — Exodus 20:12

The Fourth Commandment is most often interpreted as a directive for children to obey their parents and, by extension, for persons of all ages to obey lawful authorities. It has also been interpreted to mean that children remain obligated to respect, honor, and love their parents even after they reach the age of majority and are no longer bound to obey them.

Moreover, other passages in Scripture make it clear that this commandment carries with it a certain level of responsibility to care for parents who have become elderly or disabled:

My son, take care of your father when he is old; grieve him not as long as he lives. Even if his mind fail, be considerate with him; revile him not in the fullness of your strength. For kindness to a father will not be forgotten, it will serve as a sin offering — it will take lasting root. In time of tribulation it will be recalled to your advantage, like warmth upon frost it will melt away your sins. — Sirach 3:12-15

Of course, how this responsibility is fulfilled in any particular case will vary depending on the needs and financial means of the parents and adult children involved, the adult child’s responsibilities to his or her own spouse and minor children, and other factors.

With those caveats in mind, most Catholics and other Christians agree that adult children have a moral responsibility to help care for their parents in some way  if they cannot care for themselves.

But should this responsibility also be legally enforced by the state, in the same fashion that the state compels parents to support children while they are minors? In many parts of the United States, that is legally possible, and there is a movement of sorts to make that the case nationwide.

Currently, 30 U.S. states have “filial responsibility” laws requiring adult children, if possible, to support parents who would otherwise become financially dependent upon the state. The full list of affected states can be found at this link: http://everydaysimplicity.blogspot.com/2006/02/filial-responsibility-laws-list-of.html

The concept of filial responsibility dates back to England’s Elizabethan Poor Law of 1601 which mandated that “every poor, blind, lame, and impotent person”  be supported by his or her parents, grandparents, children or grandchildren to the best of their ability in order to prevent such persons from becoming public charges. Prior to World War II, most states and the federal government had similar laws placing the primary responsibility for support of the poor upon their families first, and only upon the government if the family was unable to meet this obligation.

The advent of Medicare and Medicaid in the 1960s, however, seemed to make such laws obsolete. Federal law [42 USC 1396a (a) (17)(D)] forbids state agencies to consider the ability of any relative other than the applicant’s spouse to support the applicant when determining eligibility for Medicaid. This meant, for example, that an elderly widow with little or no income of her own could qualify for Medicaid even if her children were millionaires who could easily support her financially.

However, the rising cost of long-term care for the elderly and the strain it has placed on Medicaid budgets have prompted some states to institute new filial responsibility laws or revive decades-old laws that had not previously been enforced.

These provisions have been invoked against persons who give away money, property or other assets to their adult children to avoid having to use them to pay for long-term care. In such cases, the children who receive disallowed asset transfers may be ordered to return them or pay the state back in some fashion. But some think these laws need to go even farther. With the federal government tightening restrictions on asset transfers and Medicaid long-term care eligibility via the Deficit Reduction Act of 2005, the likelihood of nursing home residents being temporarily or indefinitely denied Medicaid assistance has increased, making it more likely that adult children may be asked or compelled to take up the slack.

Advocates of filial responsibility laws, such as this writer for the National Center for Policy Analysis (http://www.ncpa.org/pub/ba521) say it would help relieve taxpayers of the burden of caring for people whose own families have the means to contribute to or provide their care. The author also believes it would rekindle the ethic of self-reliance and family responsibility and encourage people to plan ahead for the possibility that they, or their parents, will need long-term care through fiscally responsible measures such as purchase of long-term care insurance policies.

Also, in families that have multiple children, it frequently happens that one or two of them end up doing most of the work of caring for the elderly parent. Sometimes this is done for good reason (e.g., the other siblings live out of state or have families of their own) and is agreeable to everyone involved. At other times, though, there may be a perception (true or not) that the other siblings are not pulling their weight, which triggers considerable resentment and animosity. A filial responsibility law requiring all the siblings in such a scenario to contribute toward the cost of a parent’s care may help ease the burden on the primary caregiving sibling.

Opponents of such laws, on the other hand, point out that while one can freely choose whether or not to assume the responsibilities of marrying or having children, one cannot choose the identity or the character of one’s parents. A strict or sweeping filial responsibility law could potentially saddle a hardworking, responsible adult with demands to “bail out” a financially irresponsible, alcoholic, drug-addicted, abusive, adulterous, or deceitful parent. Throw in the fallout from divorce, single parenthood and real or perceived neglect and the issue becomes even more explosive.

Most of us know people who have chosen to return to or remain in their home community or state, give up lucrative job opportunities, or even set aside prospects of marrying and having families of their own in order to care for disabled or elderly parents. When this is done voluntarily out of love, it is a praiseworthy, even heroic, action. But should it be expected or demanded of everyone, especially when the adult child has the welfare of his or her spouse and own minor children to consider? And even if direct care or financial support of a parent is a moral obligation or a religious duty, does that mean the government should force people to carry it out?

Many of the snowballing fiscal problems facing states and the nation as a whole are the direct result of the unraveling of the family as the primary unit of society. People are increasingly turning to the government for services such as child care and housing that once were provided by relatives and neighbors. Long-term care of the elderly is no exception. Whether or not it is possible or desirable to use the force of law to attempt to restore the fabric of family responsibility in this fashion is another story. What are your thoughts on this topic?


Letterman Zings Obama for Vacations

Thursday, September 2, 2010 A.D.

In his show yesterday David Letterman makes a playful jab at President Barack Obama for his most recent vacation.


Pro-Life Group Calls On GOP to Support Life

Thursday, September 2, 2010 A.D.

My old employer, the Susan B. Anthony List, has launched a new initiative encouraging the GOP to include Pro-Life legislation in it’s latest Contract for America.

SBA List President, Marjorie Dannenfelser, explains why this initiative is needed:

“The Republican Party must show what it is made of this time around.  They can do so by acting on their convictions and those of their party, and by making a commitment to passage of common-sense, life-saving legislation.  Missing from the GOP’s original Contract in 1994 was any emphasis on policies protecting the unborn.  Pro-life legislation was not made a priority in the following Congress.  With the support of a vibrant pro-life movement that understands the urgency of addressing the tragedy of nearly 4,000 abortions per day coupled with the vast majority of Americans who support a commonsense pro-life agenda, enacting that agenda would not require a heavy lift.”

Check out the SBA List’s petition for more information and to join their cause.


Catholics and Professional Football

Thursday, September 2, 2010 A.D.

As a person who has voted for a Republican, I am a fascist. As you may know, fascists want to control every aspect of people’s lives (and I don’t want to hear any fancy political science definitions to the contrary). With the college football season starting tonight and professional football starting a week from now, it is the perfect time to consider the ethical approach Catholics must take towards professional football. I have attempted this once before, but like Cassandra, no one really listened to my wise teachings. Therefore, I must witness once again by examining afresh all the professional football teams in light of Catholic teaching in order to determine whether Catholics may root for them while avoiding the fires of hell.

Read the rest of this entry »


Mama Grizzlies, Ewoks and Sarah Palin

Thursday, September 2, 2010 A.D.

One of the more notable events in November this year will likely be the election of a record number of conservative pro-life Republican women to Congress, statehouses and state legislaturesTheir impact could be enormous.   Sarah Palin launched a movement in 2008 which may well be, long term, the most significant political event of our time:  conservative pro-life women running for political office. 

Of course every movement has its critics.  Emily’s List, the pro-abort group that supports female candidates who hold sacred the right to choose to slay kids in the womb, has put together the video below, which I believe should be entitled:  “WHEN EWOKS ATTACK!” Read the rest of this entry »


The Mail Scam Song

Thursday, September 2, 2010 A.D.

Last week I posted here my thoughts after receiving a Spanish version of the Nigerian mail scam.  Commenters Dminor and Cminor at their blog the minor premise recorded in 2008 the above parody video on the subject.  Go here to read their post on the subject.


Natural Does Not Equal Good

Wednesday, September 1, 2010 A.D.

“Unnatural, mummy? You tell me, what’s nature’s way? If poison mushrooms grow and babies come with crooked backs, if goiters thrive and dogs go mad and wives kill husbands, what’s unnatural?”
Richard, The Lion in Winter

One of the claims to which people seem peculiarly susceptible at the moment is that if something is “natural”, it must be good. “Natural” foods are believed to be uniformly healthy. The finding that some particular behavior (say, polyamory) is found in nature is taken to be some sign that it is a good thing.

I think a fair amount of this results from our culture having lost a sense of tragic vision in regards to nature — we naturally assume that unless some active force comes along and makes things bad, that they will be good. This could not be farther from a traditional view of nature. While neo-pagans are sure that being “in tune” with nature would be a blissful and pleasant state, real pagans of the ancient world saw the natural forces that were bound up with their gods as capricious, sometimes cruel, and almost always unconcerned with the impact of their actions upon mortals.

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This Explains a Lot

Wednesday, September 1, 2010 A.D.

From the only reliable source of news on the net, the Onion.  Does any one still read Time or US News and World Report?  (I know no one reads Newsweek which was recently sold for a dollar.)  In the days of the Internet who wants to pay for outdated news and Beltway opinions?  I think they only survive as ornaments in the offices of Doctors and Dentists.


Miss Me Yet?

Tuesday, August 31, 2010 A.D.

Is Notre Dames Football Program Pro-Life or Pro-Choice?

Tuesday, August 31, 2010 A.D.

Before the Charlie Weiss era I used to root for Notre Dame as my Number 2 selection after my childhood religion  The Ohio State University.  After discovering that Weiss was seemingly proud of being an excessive abuser of profanity ( an entire 60 Minutes piece seemed to revolve around how cute everyone thought it was that Notre Dame’s coach loved to heap profanity out in liberal portions- including the school’s priest-president),  I decided to drop cheering for Notre Dame football- for what would it be for Our Lady University to succeed on the field  but lose her soul in the locker-room.

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Glenn Beck: Evangelical Outreach Coordinator?

Tuesday, August 31, 2010 A.D.

I’m on record as not being a member of the Glenn Beck fan club. I don’t like his overly emotive mannerisms, his politics, or his theology. I’d rather the president of my alma mater was more circumspect in praising him, and I’ve written to the university to that effect. At the same time, I’m somewhat fascinated by the accounts of his rally in DC this past weekend. For instance, here is David Weigel (erstwhile Washington Post reporter and Journolist member) reporting on the event:

“It’s about as angry as a Teletubbies episode….The Democrats who pre-butted Beck’s rally by predicting an overtly political hateananny were played for suckers. They didn’t pay attention to Beck’s “Founder Fridays” episodes on Fox, his high-selling speaking tour, or his schmaltzy children’s book The Christmas Sweater. It’s not his blackboard that makes him popular. It’s the total package he sells: membership in a corny, righteous, Mormonism-approved-by-John Hagee cultural family. The anger is what the media focus on, he says, joking several times about what “the press” will do to twist his words.

Beck’s rally ends just as he said it would—without incident, political or otherwise. He’s just taken the world’s most derided TV audience, put them in the National Mall, and presided over the world’s largest megachurch. “Bring out the bagpipes,” he says. Bagpipe players then walk onto his stage, and the sound of “Amazing Grace” fills the mall.

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Political Miscellania 8/31/10

Tuesday, August 31, 2010 A.D.

A roundup of recent political news:

1.  GOP Takes Unprecedented Lead On Gallup Generic Congressional Ballot- Gallup has been running the generic Congressional ballot since 1942.  Yesterday it showed Republicans ahead by 10 points.

The Republican leads of 6, 7, and 10 points this month are all higher than any previous midterm Republican advantage in Gallup’s history of tracking the generic ballot, which dates to 1942. Prior to this year, the highest such gap was five points, measured in June 2002 and July 1994. Elections in both of these years resulted in significant Republican gains in House seats.

2. The Senate Is In Play- Albert Hunt is a political reporter who has been around forever.  He is also a political liberal.  That made his column yesterday especially interesting:

Forget conventional wisdom: Republicans have a real shot at taking control of the Senate, as well as the House, in the U.S. midterm elections.

Go here to read the entire column.   I of course have been predicting since last December that the GOP would take both the House and the Senate. Read the rest of this entry »