Article
America
Comment
6 min read

The significance of legacy and what it can really stir

Concluding an American journey in the footsteps of his hero, Ian Hamlin ponders how legacy arises.

Ian Hamlin has been the minister of a Baptist church since 1994. He previously worked in financial services.

Martin Luther King reaches from the pulpit of a church while he preaches.
MLK preaching at Riverside Church, New York.
The Gotham Center for New York History.

Travelling around recently, considering the impact of the US Civil Rights Movement as part of my sabbatical trip across four States, I’ve been struck by the immediacy of it.  It really doesn’t seem very far away, or long ago.  Part of that, of course, is its ongoing resonance, but there are also some personal factors. Martin Luther King was just four days younger than my mother, who’s still alive, and I was born in the week leading up to ‘Bloody Sunday’, and the Selma – Montgomery march.  Although not strictly true, this feels like a history of my own time.   

That sense has, I think, been amplified by some other recent significant dates.  Earlier this summer was the sixtieth anniversary of the ‘I Have a Dream’ speech in Washington, the subway in Atlanta is still awash with anniversary posters.  Beyond that, of course, just days later, we remembered a similar six decades since the Klu Klux Klan’s bombing of the 16th Street Baptist Church in Birmingham, Alabama, which killed; Addie Mae Collins, Denise McNair, Carole Robertson and Cynthia Wesley, three 14-year-olds, and one 11-year-old girl.  A commemorative service was held in the church, just weeks ago.   

History had changed, its arc had indeed bent towards justice.  Yet such gestures, profound though they may be, rarely tell the whole story. 

Less dramatically, yet still poignantly, 2nd November saw the 40th anniversary of Ronald Reagan signing the bill into law, which created Martin Luther King Day as a national holiday in America, on the 3rd Monday of January each year.  

Now very much part of the fabric of national life, the holiday represents, as much as anything, the formal adoption of Dr King as a fully-fledged American hero, part of the great story of the Republic, and the ultimate acceptance of this black man by his country.  

Symbols like that matter, such a legacy is significant indeed.  It was on Martin Luther King Day 2013, that Barak Obama was inaugurated as President of the United States, for the second time, a black man, who spoke, that day, of a dream fulfilled, as he made his oath of office on King’s bible.  History had changed, its arc had indeed bent towards justice.  Yet such gestures, profound though they may be, rarely tell the whole story. 

Should we be satisfied with the unity that comes from an altogether flatter story, even if it tends towards ‘Disneyfication’, or ought we insist upon messy truth... ?

The holiday wasn’t celebrated until January 1986, Reagan himself wasn’t particularly keen on it, it passed only after something of a battle in Congress where, famously, Senator Jesse Helms led a 16-day filibuster, where he claimed King was a subversive radical, dangerous traitor and communist agitator, And, it wasn’t until 2000 that it was acknowledged in all 50 states.  

Such details, if known and remembered, serve to confuse the notion of legacy, to muddy the waters and call into question its real heart. Because the easiest histories are the most straightforward, travelling in a straight line from A to B, from problem to solution, tragedy to victory, despair to hope. They mould into the very fabric of the Nation that the key idea, that the good guys won in the end, like they always do, and the Republic sails inexorably on towards even brighter lights to come.   

The question of legacy, when it comes to Dr King, as with many others, is vital for sure, but far more complex than that, and contested too.  Should we be satisfied with the unity that comes from an altogether flatter story, even if it tends towards ‘Disneyfication’, or ought we insist upon messy truth, with its inherent conflict and challenge, recalled back then, and still present now?   

Martin Luther King was far from a hero at the time of his death, quite the contrary, he was well on his way to becoming a pariah. No longer welcome in the Whitehouse, he had fallen foul of Lyndon Johnson over Vietnam, and his consistent enemies in the FBI now seemed to hold sway there.  His relative ‘successes’ with the civil rights act of 1964 and the voting rights act of 1965, genuine and monumental as they were, had only served to demonstrate that a lot of the true causes of segregation, north and south, were less amenable to easy legislative removal, and were actually rooted in economics.  As he turned his eye increasingly towards housing in particular and poverty in general, as well as what he called ‘the war question’, he largely lost his platform.        

On 4th April 1967, at Riverside Church, New York, he gave what many consider to be his greatest and most eloquent speech ever, but few recall it.  Distilling his Christian calling, his civil rights history and sense of present-day necessity, ‘the fierce urgency of now’ as he described it, he began by noting, “surely this is the first time in our nation's history that a significant number of its religious leaders have chosen to move beyond the prophesying of smooth patriotism to the high grounds of a firm dissent …” He went on, after giving a detailed dissection of American history and policy in Asia, to declare that “The war in Vietnam is but a symptom of a far deeper malady within the American spirit.”  Before continuing to list out what he called ‘a true revolution of values.’  None of this was designed to win him an appreciative audience in an increasingly materialistic America, and it didn’t. King’s approval ratings, according to polls, were firmly in the negative, and falling. The idea then, that someday soon, the whole nation would come together annually to honour him, was laughable.   

Just occasionally though, even in the killing, something is stirred that brings out a legacy more powerful than could ever have been imagined, even more so than national commemorative days.   

Of course, death changes things, particularly, premature, violent death. It shocks and inevitably provokes both sympathy, and reassessment. It has us wonder, whether we should’ve listened more carefully, when we had the chance.  On this site a few days ago, speaking of the current situation in the Middle East, Graham Tomlin longed for leaders of old who were prepared to break the cycle of violence in the name of peace.  My mind turned, inevitably, to Martin Luther King, saying that ‘We will meet your physical force with soul force’.  Adding, ‘Do what you will, threaten our children, and we will still love you …we will wear you down by our capacity to suffer, in winning the victory we will not only win our freedom, we will so appeal to your heart and your conscience, that we will win you in the process.”   

Such talk rarely, gets you national holidays, named in your honour. It more often gets you killed.  Just occasionally though, even in the killing, something is stirred that brings out a legacy more powerful than could ever have been imagined, even more so than national commemorative days.   

Legacy speaks of the power of passing on, in the words of Jay Z, turned into a popular pin badge, ‘Rosa sat, so Martin could walk, so Barak could run, so we might fly …’  These cascading consequences of commitment, truthfully sketched out here, and which could’ve gone back further, at least to Maisie Till’s courage in sharing the death of her son, which was said to have inspired Rosa Parks. And, certainly they could also be projected forward. To a multitude of actions, large and small, destined to add to that ongoing legacy of justice. These are, in many instances', the continually ‘rolling waters’ of prophetic imagination that King loved to picture.  

In his mind, there is no doubt they find their ultimate source and inspiration in a day set aside to remember, not his though, but Easter Day, when resurrection hope forever shook the world. If, on the 3rd Monday of January each year, some thought might be given to that truth, he could be forgiven a quiet, knowing smile.  

Article
Assisted dying
Comment
Justice
5 min read

Will clinicians and carers objecting to assisted death be treated as nuisances?

The risk and mental cost of forcing someone to act against their conscience.
A tired-looking doctor sits at a desk dealing with paperwork.
Francisco Venâncio on Unsplash.

After a formal introduction to the House of Commons next Wednesday, MP’s will debate a draft Bill to change UK legislation on Assisted Dying. Previously, a draft Bill was introduced in the Scottish Parliament in March 2024, and is currently at committee stage. Meanwhile, in the House of Lords, a Private Member’s Bill was introduced by Lord Falconer in July and currently awaits its second reading. These draft Bills, though likely to be dropped and superseded by the Commons Bill in the fullness of time, give an early indication of what provision might be made on behalf of clinicians and other healthcare workers who wish to recuse themselves from carrying out a patient’s end of life wishes on grounds of Conscientious Objection.  

There are various reasons why someone might want to conscientiously object. The most commonly cited are faith or religious commitments. This is not to say that all people of faith are against a change in the law – there are some high-profile religious advocates for the legalisation of Assisted Dying, including both Rabbi Dr Jonathan Romain and Lord Carey, the former Archbishop of Canterbury. Even so, there will be many adherents to various faith traditions who find themselves unable to take part in hastening the end of someone’s life because they feel it conflicts with their views on God and what it means to be human. 

However, there are also Conscientious Objectors who are not religious, or not formally so. Some people, perhaps many, simply feel unsure of the rights and wrongs of the matter. The coming debates will no doubt feature discussion of how changing the law for those who are terminally ill in the Netherlands and Canada has to lead to subsequent changes in the law to include those who are not terminally, but instead chronically ill. The widening of the eligibility criteria has reached a point where, in the Netherlands, one in every 20 people now ends their life by euthanasia. This troubling statistic includes many who are neurodivergent, who suffer from depression or are disabled. It is reasonable that, even if a Conscientious Objector does not adhere to a particular religion, they can be allowed to object if they feel uneasy about the social message that Assisted Dying seems to send to vulnerable people.  

“You will often find that legislation that provides a right to conscientious objection is interpreted by judges these days in a way that seems to treat conscientious objectors as nuisances” 

Mehmet Ciftci

  Conscientious Objection clauses can themselves send a social message. A response to the Scottish Bill produced by the Law Society of Scotland notes concern over the wording of the Conscientious Objection clause, as it appears to be more prescriptive in the draft Bill than in previous Acts such as the Abortion Act of 1967. In the case of any legal proceedings that arise from a clinician’s refusal to cooperate, the current wording places the burden of proof onto the Conscientious Objector, stating (at 18.2):  

In any legal proceedings the burden of proof of conscientious objection is to rest on the person claiming to rely on it.  

The Bill provides no indication of what is admissible as ‘proof’. Evidence of membership of a Church, Synagogue, Mosque or similar might be the obvious starting point. But where does that leave those described above, who object on grounds of personal conscience alone? How does one meaningfully evidence an inner sense of unease?  

The wording of the Private Member’s Bill, currently awaiting its second reading in the House of Lords, provides even less clarity, stating only (at 5.0): 

A person is not under any duty (whether by contract or arising from any statutory or other legal requirement) to participate in anything authorised by  this Act to which that person has a conscientious objection. 

Whilst this indicates that there is no duty to participate in assisting someone to end their life, there remains a wider duty of care that healthcare professionals cannot ignore. Thus, a general feature in the interpretation of such conscience clauses in medicine is that that the conscientious objector is under an obligation to refer the case to a professional who does not share the same objection. This can be seen in practice looking at abortion law, where ideas around conscientious objection are more developed and have been tried in the courts. In the case of an abortion, a clinician can refuse to take part in the procedure, but they must still find an alternative clinician who is willing to perform their role, and they must still carry out ancillary care and related administrative tasks.  

Placing such obligations onto clinicians could be seen as diminishing rather than respecting their objection. Dr Mehmet Ciftci, a Researcher at the McDonald Centre for Theology, Ethics and Public Life at the University of Oxford comments:  

You will often find that legislation that provides a right to conscientious objection is interpreted by judges these days in a way that seems to treat conscientious objectors as nuisances who are just preventing the efficient delivery of services. They are forced to refer patients on to those who will perform whatever procedure they are objecting to, which involves a certain cooperation or facilitation with the act. 

This touches everyone, even those who (if the Bill becomes law) will still choose to conscientiously object. Therefore, it is important to consider that the human conscience is a very real phenomenon, which means that facilitating an act that feels morally wrong can give rise to feelings of guilt or shame, even if one has not been a direct participant.  

Psychologists observe that when feelings of guilt are not addressed, if they are treated dismissively or internalised, this can significantly erode self-confidence and increase the likelihood of depressive symptoms. But even before modern psychology could speak to the effects of guilt, biblical writers already had much to say on the painful consequences of living with a troubled conscience. In the Psalms, more than one ancient poet pours out their heart to God, saying that living with guilt has caused their bones to feel weak, or their heart to feel heavy, or their world to feel desolate and lonely.   

If the Conscientious Objection clauses of the new Bill being proposed on Wednesday are not significantly more robust than those in the draft Bills proposed thus far, then perhaps that is something to which we should all conscientiously object? There is much to discuss about the potential rights and wrongs of legalising Assisted Dying, but there is much to discuss about the rights and wrongs of forcing people to act against their consciences too.