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Roy Lucas, Roe v. Wade Lawyer, Dies at 61

By Editorial Staff
Published November 7, 2003

Legal Theorist Who Helped Shape “Right to Privacy”


Roy Lucas, a lawyer who helped fashion the “right to privacy” legal argument used in Roe v. Wade, the landmark Supreme Court ruling that legalized abortion in the United States, died on Monday in Prague. He was 61 and lived in Washington.

The cause was a heart attack, said his sister, Mary E. Lucas. She said her brother was in the Czech Republic doing research.

From 1966 to 1973, Mr. Lucas helped shape the legal battle for abortion rights. He was the first person to articulate fully how the Supreme Court’s 1965 Griswold decision, which created constitutional privacy protection for married couples’ use of birth control, could be legally expanded into a constitutional protection for a woman’s right to an abortion, historians say.

Mr. Lucas was a third-year law student at New York University when he made that pivotal argument in a research paper for a class on litigation. The paper was published in the June 1968 issue of the North Carolina Law Review and began circulating widely. Soon after, Mr. Lucas established the James Madison Constitutional Law Institute, a public interest legal organization based in Manhattan, to advance abortion rights.

In September 1969, he filed the first abortion rights lawsuit in New York. For the next four years, he was directly involved in almost all abortion rights suits filed across the country.

Roe v. Wade was filed in 1970, and Mr. Lucas had hoped to argue the case before the Supreme Court. But the informal committee of lawyers who were handling the case decided instead to give the assignment to another lawyer on the team, Sarah Weddington of Texas.

Mr. Lucas continued to argue abortion rights cases after Roe, but remained deeply disappointed at having been passed over as lead counsel before the Supreme Court, said David Garrow, a legal historian at Emory University and the author of “Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade” (University of California Press, 1998).

In 1986, Mr. Lucas pulled back from his legal work, which had helped precipitate two divorces, Ms. Lucas, his sister, said. Instead of engaging in nonstop advocacy, she said, he bought a Volkswagen van and began traveling the country to pursue his love of oil painting. Accompanied only by a pet collie, Michelangelo, Mr. Lucas traveled from Maine to Hawaii, painting mostly landscapes and occasionally writing freelance magazine articles on painting techniques. He rarely stayed in one location long. For extra money, he taught law classes at local universities. He also did occasional pro bono legal work.

In 1997, Mr. Lucas was given a diagnosis of non-Hodgkin’s lymphoma. While undergoing chemotherapy, radiation and a bone marrow transplant, he lived in San Antonio. By 1998 the cancer was in full remission, and he moved to Washington.

Spurgeon LeRoy Lucas Jr. was born on Nov. 27, 1941, in Columbia, S.C. His father worked for the Metropolitan Life Insurance Company and his mother was a housewife. He majored in chemical engineering while earning his bachelor’s degree at the University of South Carolina.

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Abortion Clinic 911 Calls (DVD)

Exposes the Dangers of Abortion to Women!

These shocking eyewitness accounts expose the dangers of abortion not only to unborn children, but to the health and lives women as well. An antidote to the smokescreens of the liberal media, these short clips show what really happens in and around abortion clinics.

Although the content is emotionally gut-wrenching, these videos have been used in church seminars and small groups to educate Christians on the abortion issue and to lead people toward a pro-life position. Contains 2 hours and 40 minutes of materials that can be shown separately.

Watch these pro-life videos on-line.

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“I was going to have an abortion until I saw your video. Praise Jesus!”
— M. Drew, YouTube Commenter

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The Abortion Matrix: Defeating Child Sacrifice and the Culture of Death (DVD)

Download the free Study Guide!

Is there a connection between pagan religion and the abortion industry?

This powerful presentation traces the biblical roots of child sacrifice and then delves into the social, political and cultural fall-out that this sin against God and crime against humanity has produced in our beleaguered society.

Conceived as a sequel and update to the 1988 classic, The Massacre of Innocence, the new title, The Abortion Matrix, is entirely fitting. It not only references abortion’s specific target – the sacred matrix where human beings are formed in the womb in the very image of God, but it also implies the existence of a conspiracy, a matrix of seemingly disparate forces that are driving this holocaust.

The occult activity surrounding the abortion industry is exposed with numerous examples. But are these just aberrations, bizarre yet anomalous examples of abortionists who just happen to have ties to modern day witchcraft? Or is this representative of something deeper, more sinister and even endemic to the entire abortion movement?

As the allusion to the film of over a decade ago suggests, the viewer may learn that things are not always as they appear to be. The Abortion Matrix reveals the reality of child-killing and strikes the proper moral chord to move hearts to fulfill the biblical responsibility to rescue those unjustly sentenced to death and to speak for those who cannot speak for themselves (Proverbs 24:11,12; 31:8,9).

Speakers include: George Grant, Peter Hammond, RC Sproul Jr., Paul Jehle, Lou Engle, Rusty Thomas, Flip Benham, Janet Porter and many more.

Ten parts, over three hours of instruction!

Running Time: 195 minutes

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A Revival Account: Asbury 1970 (DVD)

What is true Revival and Spiritual Awakening?

Discover the answer in this eyewitness account by Dennis Kinlaw, President of Asbury College, Wilmore, Kentucky, who recounts the story of a visitation of the Holy Spirit in 1970. This is the presentation that has continued to spark the flames of Revival in the hearts of people around the world. Contains eyewitness footage from the Revival at Asbury College in 1970 in Wilmore, Kentucky.

Certain to challenge you to greater holiness and a deeper commitment to full-scale revival. Original news and private footage has been included. If you are a student who longs to see a spiritual awakening at your school, you must see this video!

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Freedom: The Model of Christian Liberty (DVD)

“Give me liberty or give me death!”

Patrick Henry’s famous declaration not only helped launch the War for Independence, it also perfectly summarized the mindset that gave birth to, and sustained, the unprecedented experiment in Christian liberty that was America.

The freedom our Founders envisioned was not freedom from suffering, want, or hard work. Nor was it freedom to indulge every appetite or whim without restraint—that would merely be servitude to a different master. No, the Founders’ passion was to live free before God, unfettered by the chains of autocracy, shackles that slowly but inexorably bind men when the governments they fashion fail to recognize and uphold freedom’s singular, foundational truth: that all men are created in the image of God, and are thereby co-equally endowed with the right to “life, liberty, and the pursuit of happiness.”

This presentation is a similar call, not to one but many. By reintroducing the principles of freedom that gave birth to America, it is our prayer that Jesus, the true and only ruler over the nations, will once again be our acknowledged Sovereign, that we may again know and exult in the great truth that “where the Spirit of the LORD is, there is liberty” (2 Cor. 3:17).

Welcome to the Second American Revolution!

This DVD features “Liberty: The Model of Christian Liberty” along with “Dawn’s Early Light: A Brief History of America’s Christian Foundations.” Bonus features include a humorous but instructive collection of campaign ads and Eric Holmberg’s controversial YouTube challenge concerning Mitt Romney’s campaign for president.

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Amazing GraceAmazing Grace: The History and Theology of Calvinism (DVD)

Download the Free Study Guide!

Just what is Calvinism?

Does this teaching make man a deterministic robot and God the author of sin? What about free will? If the church accepts Calvinism, won’t evangelism be stifled, perhaps even extinguished? How can we balance God’s sovereignty and man’s responsibility? What are the differences between historic Calvinism and hyper-Calvinism? Why did men like Augustine, Luther, Calvin, Spurgeon, Whitefield, Edwards and a host of renowned Protestant evangelists embrace the teaching of predestination and election and deny free will theology?

This is the first video documentary that answers these and other related questions. Hosted by Eric Holmberg, this fascinating three-part, four-hour presentation is detailed enough so as to not gloss over the controversy. At the same time, it is broken up into ten “Sunday-school-sized” sections to make the rich content manageable and accessible for the average viewer.

Running Time: 257 minutes

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The Abortion Matrix DVD: Update

The Abortion Matrix:
Defeating Child Sacrifice and the Culture of Death

is a 195-minute presentation that traces the biblical roots of child sacrifice and then delves into the social, political and cultural fall-out that this sin against God has produced. You can order this series on DVD, read the complete script and view clips on-line...
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