What’s Your View On Being An Organ Donor?

 

This guest post is from Kaitlyn Lancaster, Regent University School of Law 2L: 

This question has been debated for decades and plagues the minds of many Americans, particularly, and oddly, when standing in line at the DMV. For me, however, this question was the easiest I’ve ever had to answer, an absolute “Yes, I’d very much like to be an organ donor!” As morbid as that sounds, consider this backstory.

My grandfather, Willie Lancaster, was born in 1949 and in 1954 was sent to the Free Will Baptist Children’s Home in Middlesex, North Carolina, where he was raised. Willie loved playing basketball. To this day, he still holds the single-season scoring record for his high school’s basketball team, and, were he to have been healthy, could’ve provided him a pathway to a college basketball career. However, unbeknownst to Willie, or the orphanage staff, he was a type one diabetic, which was only discovered after he passed out in the middle of a game. This realization hindered his ability to play basketball, his college prospects, and many aspects of his future.

Willie married my grandmother, Paula, in 1970. Throughout their marriage, he was plagued with illness after illness which greatly impacted their lives. He lost his eyesight completely in his right eye due to the late detection of his diabetes. He was suffering incredibly and was placed on the transplant list for both a pancreas and a kidney. For a family, being on the transplant list is very much a waiting period. It’s a constant up and down of waiting for the phone to ring, being so excited for the prospect of it being your time, and then being let down all over again when the transplant falls through. However, on February 15, 1993, Willie got the call, a real call this time, and was able to get the life-saving transplant that he needed at Duke University Hospital. However, this transplant came with a cost. On Valentine’s Day, 1993, a young girl, attending North Carolina State University, was driving to meet up with a friend and got into a horrific car accident, ending her life. Her parents donated her organs to those in need, to my grandfather specifically. Were it not for her parent’s generosity and selflessness, I may not have had the opportunity to meet my grandfather, and he may never have been able to live for as long as he did, ironically, as a Duke Basketball fan.

Tragically, on July 28, 2011, Willie was on his way to a local diner, which he frequented every morning. On the way, another, distracted, driver hit Willie head-on, ending his life. Because of the gracious, selfless, and priceless gift, we were given by being able to know, love, and be loved by Willie, we extended that gift to another family. Willie’s cornea from his left eye was donated at the time of his death and was provided to a young boy who would now be given the gift of sight.

While obvious hesitations are presented regarding organ donation, I encourage you to remember this story. After your loved one has passed, their organs are useless to be kept with them. Particularly, if they are a person of faith, they have already been given their new body in Heaven with Christ. With that in mind, organ donation provides the opportunity of life, love, and family to so many individuals across the United States every year. What is a better gift, than the gift of a happy and healthy life?

Dower and Curtesy: a Jane Austen Novelty or a Present-Day Reality?

 

This guest post is courtesy of Heather Grace Spencer, Regent Law 2L:

When you hear the words dower and curtesy, what comes to your mind? Perhaps, you think of a Jane Austen novel or a time when marriages were arranged. While true that dower and curtesy relate to marriage, you likely believe that these archaic-sounding words are no longer used in the legal profession. You would be partially right because all states in the United States of America except Arkansas, Ohio, and Kentucky have abolished dower and curtesy rights. This blog will briefly explain the development of dower and curtesy rights by using the state of Arkansas as an example.

You may still be wondering what the words “dower” and “curtesy” mean. Black’s Law Dictionary defines “dower” as “at common law, a wife’s right, upon her husband’s death, to a life estate in one-third of the land that he owned in fee.”[1] Black’s Law Dictionary also defines “curtesy” as “at common law, a husband’s right upon his wife’s death, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple.”[2] As you can see from the definitions, common law showed preference for the wife to obtain her right of dower over the husband’s right to obtain his right of curtesy because the husband had to fulfill the additional condition of having marital children in order to obtain curtesy rights.

Historically, the rights of dower and curtesy have existed in the common law and were codified in the Magna Carta. Some estimate these spousal rights might possibly be even more ancient.[3] From the time of its statehood, Arkansas has used dower and curtesy and continues to do so.[4] Although dower and curtesy were and still are inherently gender-based laws, the Arkansas Supreme Court of the United States took the position at first in Stokes v. Stokes that gender-based laws are valid as long as the laws “serve a legitimate governmental purpose and are reasonably designed to accomplish that purpose.”[5] Later that year, the Arkansas Supreme Court in Hess v. Wims realized that showing preference to dower over curtesy rights was discriminatory and, therefore, unconstitutional. This ruling caused the Court to treat dower and curtesy as equivalent.[6]   

Although statutory law still differentiates between dower and curtesy in word, the actual rights of dower and curtesy are the same in deed. Evidence of this can be seen in A.C.A. § 28-39-401 (2024), which states:

(1) The surviving spouse, if a woman, shall receive dower in the deceased husband's real estate and personal property as if he had died intestate. The dower shall be additional to her homestead rights and statutory allowances; and (2) The surviving spouse, if a man, shall receive a curtesy interest in the real and personal property of the deceased spouse to the same extent as if she had died intestate. The curtesy interest shall be additional to his homestead rights and statutory allowances (emphasis added).

Some argue that Arkansas should abolish dower and curtesy rights because these rights are basically nonexistent. However, a study examining 2,027 warranty deeds from just one county (i.e., Pulaski County) in Arkansas dating from April 2001 to October 2015 showed 18.6% of couples relied on dower and curtesy rights to claim property.[7] Thus, if hypothetically 18.6% of all the couples of the seventy-five different counties in Arkansas depend on dower and curtesy rights, then quite a few could be adversely affected by the legislature eliminating these rights.

In a sense, the Arkansas legislature’s choice to keep dower and curtesy produces two results. First, dower and curtesy rights encourage an Arkansan to marry by knowing his or her respective spouse will more likely than not be provided for in the event of his or her death. Second, although divorce, being married for less than a year if testate (e.g., having a will that does not explicitly name one’s respective spouse), or a prenuptial agreement could take away dower and curtesy rights, a prudent Arkansan should still be careful to marry wisely by knowing his or her spouse might take against his or her will in the event of his or her death. These results fit well with the Christian principles of caring for widowed spouses and marrying wisely. Whether the rights of dower and curtesy will continue or become a relic of the past remains to be seen. For the present, dower and curtesy continue to exist in Arkansas, Ohio, and Kentucky.

---

[1] Dower Definition, Black’s Law Dictionary (10th ed. 2014).

[2] Curtesy Definition, Black’s Law Dictionary (10th ed. 2014).

[3] J. Cliff McKinney, With All My Worldly Goods I Thee Endow: The Law and Statistics of Dower and Curtesy in Arkansas, 38 U. Ark. Little Rock L. Rev. 353, 355 (2016), https://lawrepository.ualr.edu/lawreview/vol38/iss3/8.

[4] Id. at 353.

[5] Stokes v. Stokes, 613 S.W.2d 374, 375, 271 Ark. 301, 303 (1981).

[6] Hess v. Wims, 613 S.W.2d 85, 87, 272 Ark. 45, 48-49 (1981).

[7] J. Cliff McKinney at 424.

A United America for Family Restoration

 

Upon the conclusion of the 2024 Elections, Family Restoration is happy to share the message from Regent University Chancellor Gordon Robertson, as we move forward to family restoration for all Americans in Unity and Hope:

Today, I felt compelled to reach out to you all with a message of unity and hope, inspired by the scripture from Daniel 7:27.

 

Then the kingdom and dominion,

And the greatness of the kingdoms

under the whole heaven,

Shall be given to the people,

the saints of the Most High.

Daniel 7:27 NKJV

 

In a world often divided by political differences, I believe we can find common ground in our shared humanity and our collective aspiration for a better world. Regardless of our individual faiths or beliefs, we all seek peace, understanding, and harmony among people.

 

Let us come together in a spirit of mutual respect and compassion, recognizing that our diversity is a strength rather than a weakness. May we set aside our differences and focus on the greater calling that unites us all - the desire to create a shared society that acts justly, loves mercy, and walks humbly before God. A society known for love and kindness; a society of Samaritans who care for the poor and needy.

 

As we look to the future, let us work together to build a world where all people, regardless of their faith or background, can live in dignity and peace. May our unity be a beacon of hope for those who feel marginalized or forgotten. Let us strengthen our bonds of friendship and deepen our understanding of one another. Let us support each other in times of challenge and celebrate together in times of joy.

 

Through our collective efforts, we can create a nation that cares for all. I call upon all the saints of the Most High to serve our fellow human beings with one heart and one mind, working towards a future where compassion and understanding prevail. If we do, then we will become one nation, under God, indivisible, with liberty and justice for all.

 

May God bless us and give us a united future

 

Gordon Robertson

Regent Law for Family Restoration

 

At Regent Law prospective lawyers are equipped to be practice-ready and purpose-driven, prepared to foster family restoration wherever that potential might exist. Last month we honored the top students in each of our classes and you can see the joy on the face of the student who earned the top award for Family Law.    

You can use this same measuring stick for evaluating your voting ballot this election day, whether you realize it or not. Here is a brief Top 5 Overview of why you will be voting on family restoration in this year’s ballot: 

1.      Protection of Life – for a list of State Abortion Initiatives see https://regentfamilyrestoration.blogspot.com/2024/09/early-voting-and-state-abortion.html.

2.      Marriage, Gender, & Sexuality - God designed marriage as a lifelong covenant between a man and a woman, and He called male and female “very good.” Judges and State representative's views on marriage, gender, and sexuality matter as you vote.

3.      Education - Parents are responsible for their children’s education and decisions surrounding that education as part of their constitutionally protected fundamental right to direct the upbringing of your children.  Vote for School Board positions with this in mind.

4.      Party Platforms - Vote using a Biblical Roadmap to Party Platforms – found here at State Voting Resources | Christians Engaged – Pray Vote Engage.

5.      Children – Children and their best interests are the key factor in every state or judicial decision where children are involved.  Choose representatives who will focus on a child’s best interests, rather than on the rights of adults.  

            Family restoration remains a daunting task in light of each of these ballot areas.  That is why it is all the more true that you and I have a new opportunity to shine light on a confused culture. Recommit your efforts to your own marriage, your own children, and your own family, and start with your vote. 

What God Says to the Victims of Infidelity

 

This guest post is from Regent Family Law student, Caroline Jackey:

Infidelity can deeply wound a relationship, leaving spouses and children grappling with emotional devastation and turmoil. This kind of betrayal is profound, and the aftermath can trigger intense grief, trauma, and bitterness. Victims of infidelity experience trauma akin to post-traumatic stress disorder (PTSD). Long-term effects on mental health, such as anxiety, depression, and pervasive mistrust, can linger, casting a shadow over future relationships and personal well-being. Children, too, bear the weight of infidelity's aftermath, experiencing confusion, anxiety, and a profound sense of instability. Caught in the crossfire, they may internalize guilt and responsibility, struggling to navigate their emotions and perceptions of love and faithfulness. Disrupted parent-child relationships, loyalty conflicts, and pervasive mistrust can further worsen their distress, shaping their worldview and future relationships.

            Often, in the face of infidelity, the only thing that Christian victims are told is “Forgive.” And yes, the Bible emphasizes the importance of forgiveness in rebuilding trust, highlighting the transformative power of forgiveness in healing broken relationships and restoring trust. James 5:16 encourages confession and prayer as means of healing and restoring trust, highlighting the significance of humility, forgiveness, honesty, and a commitment to reconciliation, with faith in God's guidance and grace throughout the process.

            However, what Christians who have experienced infidelity should be told first is that it is okay to grieve and be hurt. No matter where we live or who we are, God sees us, and He knows every detail of our pain. He also doesn’t waste the pain in our lives. Psalm 139:23 encourages us that God sees us in every moment of our lives: “Search me, God, and know my heart; test me and know my anxious thoughts.” And because God feels our pain, victims can feel angry, hurt, sad, depressed, or betrayed, and God will be with them in their hurt and comfort them (Psalm 56:8).

Child Heart Disease Connected with Covid Vaccines

A recent study involving 1.7 million children found that myocarditis and pericarditis (heart-related illnesses) only appeared in children who had received COVID mRNA vaccines, as reported by noted lawyer and pediatrician Dr. Simon Gold.  

According to the study, not a single unvaccinated child in the group suffered from these heart-related problems.  This is a somewhat shocking revelation in light of the current medical practice of encouraging child vaccinations.

Parents need to be proactive in discussing these facts with their family pediatrician and doctors, to be certain that the vaccines that are recommended for your children are truly necessary.  Being proactive to protect your children is an important part of family restoration.  

Read the study at pic.twitter.com/aI6Vs5XeC0.

Love and Law: Covenant Marriage in Louisiana

 

This blog post is courtesy of Nicole Hudgens, Regent Family Law student:

 

Should Christians ever pursue divorce? That is a hard question—one that many Christians avoid because the topic far too often incites heartbreaking pain. Perhaps, when addressing the topic of marriage and divorce, the first question should be: how are Christian marriages formed and strengthened?

In Matthew 19, Jesus was asked about divorce. Instead of answering with a simple, “yes” or “no,” he reframed the issue and asked a different question:

Have you not read that He who created them from the beginning made them male and female, and said, ‘For this reason a man shall leave his father and mother and joined to his wife, and the two shall become one flesh,’? So they are no longer two, but one flesh. What therefore God has joined together, let no man separate.                                  - Matthew 19:3-6

Here, Jesus restarts the conversation with God’s heart for marriage. God’s intent was that a man and a woman be joined so closely together in spirit, soul, and body, that they become one being. The fascinating part of this passage is that God Himself is the architect of this beautiful union, designed to last a lifetime.

Paul further expounds on the beauty and mystery of God’s design for marriage. Paul begins Ephesians 5 stating, “Therefore be imitators of God, as beloved children, and walk in love, just as Christ also loved you and gave Himself up for us, an offering and a sacrifice to God as a fragrant aroma.” Ephesians 5:1-2.  Paul further explains the love of a husband and respect of a wife reflect the relationship between Christ and His Church. The love produced in marriage is made through the offering and sacrifice of each spouse for the other. (See Ephesians 5:22-33.)

A Christian couple should diligently seek Scripture and wise counsel when forming and strengthening their marriage. There are also often untapped resources that may be utilized as a couple begins building their marriage –including a few state laws. Three states have noteworthy laws which strengthen marriages – these are called Covenant Marriage Laws.

In 1997, Louisiana introduced the first Covenant Marriage Law proposal. Arkansas (Ark. Code. Ann. § 9-11-803-9-11-810) and Arizona (Ariz. Rev. Stat. Ann. § 25-901-25-906) followed suit. A Covenant Marriage gives soon-to-be-wed couples an option to include additional legal safeguards within their marriage agreement. Under the law, LA. Stat. Ann. § 9:272, the couple choosing a Covenant Marriage specifically commits to the following:

·                A lifetime of marriage “so long as they both shall live,”

·                disclosing “everything which could adversely affect” their decision to marry their spouse prior to the marriage;

·                receiving premarital counseling from a counselor who will help the couple understand the solemnity of their commitment;

·                “tak[ing] all reasonable efforts to preserve [the] marriage,” after the wedding, “including marital counseling,” when the relationship encounters difficulties. 

These safeguards, should the couple choose them, hold the couple accountable in beginning their marriage with honesty, transparency, wise counsel, and deep commitment. When difficulties in the relationship arise, the couple’s commitment is reinforced through counsel and a connection to resources which will strengthen the relationship.

The law allows for separation or divorce for limited reasons such as adultery, cruelty, abandonment, and certain crimes under LA. Stat. Ann.  § 9.307 — and rightly so. But the couple’s legally enforced commitment and counseling may help the couple avoid these situations. And while the Bible allows divorce, it is not the end of the story. The Gospel invites those who have experienced divorce to know that hope, healing, and abundant life are found in Christ—no matter the circumstance. 

While the law of man cannot heal hearts, God can. And His heart is for His children to be healed and made whole, including from the deep wounds of divorce.

Covenant marriage laws are one of countless resources to help set couples up for a life-long, loving marriage. Rather than opt for divorce when a couple comes to an impasse in their relationship, a Covenant Marriage is designed to help couples work through their challenges and stay together when difficulties arise.

God’s heart for marriage continues to be just as it was from the beginning: one man, one woman, joined together by His love. And perhaps, the more we seek Him and understand His heart, the more our hearts for one another will look like His. This is what family restoration looks like.

 

 

Pray for the Restoration of Israeli Families

 

October 7 marks the severe, heinous, and barbaric attack that raped and murdered and killed thousands, kidnapped hundreds, and sparked a serious global rise of antisemitism. The challenges now faced by Israel and Jewish people in a post-October 7th world are more significant than ever imagined.  Pray for the restoration of families …

 

Prayer for the Peace of Jerusalem.

A Song of Ascents, of David.

Psalm 122 

I was glad when they said to me,
“Let’s go to the house of the Lord.”
² Our feet are standing
Within your gates, Jerusalem,
³ Jerusalem, that has been built
As a city that is firmly joined together;
⁴ To which the tribes go up, the tribes of ^[a]the Lord—
^[b]An ordinance for Israel—
To give thanks to the name of the Lord.
⁵ For thrones were set there for judgment,
The thrones of the house of David.

⁶ Pray for the peace of Jerusalem:
“May they prosper who love you.
⁷ May peace be within your walls,
And prosperity within your palaces.”
⁸ For the sake of my brothers and my friends,
I will now say, “May peace be within you.”
⁹ For the sake of the house of the Lord our God,
I will seek your good.

Footnotes

1. Psalm 122:4 Heb Yah
2. Psalm 122:4 Or A testimony