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

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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?

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By the 21st century, we need a “Puritan Storm” to sweep away the Hegelian notion that the state is “God walking on earth.” We need revival and reformation in full force to vanquish the problems that plague us as a nation — from government controlled healthcare — to abortion on demand — to same sex “marriage.” This booklet gives a primer on our founders’ Christian idea of government and examines how the doctrine of nullification was woven into the Constitution as a safeguard against federal tyranny. It concludes with the history and theology of civil resistance. A Second American Revolution is coming with the Word of God growing mightily and prevailing! (Acts 19:20).

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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).

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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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God's Law and SocietyGod's Law and Society (DVD)

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God’s Law and Society powerfully presents a comprehensive worldview based upon the ethical system found in the Law of God.

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Go Stand Speak (DVD)

With “preaching to the lost” being such a basic foundation of Christianity, why do many in the church seem to be apathetic on this issue of preaching in highways and byways of towns and cities?

Is it biblical to stand in the public places of the world and proclaim the gospel, regardless if people want to hear it or not?

Does the Bible really call church pastors, leaders and evangelists to proclaim the gospel in the public square as part of obedience to the Great Commission, or is public preaching something that is outdated and not applicable for our day and age?

These any many other questions are answered in this documentary.

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