Friday, October 10, 2008


Oregon's, Like, So 1980's...

It has taken Oregon nearly twenty years to catch up with Tennessee on the issue of whether embryos are mere property in divorce proceedings.

In a case from Blount County in 1989, it became case law in Tennessee that embryos could be viewed as mere property in a divorce proceeding and if one of the divorce litigants wanted to kill the embryos then they were free to do so. (This was the ruling of Tennessee's liberal Supreme Court, which differed somewhat from the Court of Appeals holding and substantially from Judge Dale Young's trial court ruling.)

Oregon, always behind the times, has now followed Tennessee into the abyss. All of the embryos in the cases were killed.

There are no good answers here, and these circumstances put courts into no-win situations. That much is clear.

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