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Oregon Court Orders Frozen Embryos Destroyed, Considered “Property Rights” Issue

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LifeSiteNews.com

By Kathleen Gilbert

PORTLAND, Oregon, October 10, 2008 (LifeSiteNews.com) - The Oregon Court of Appeals on Wednesday denied a father’s appeal to keep his six frozen embryos alive, and ordered that the embryos be destroyed by thawing, as ordered by his ex-wife.  The court also ruled that the embryos’ fate fell under the issue of "property rights."

The court unanimously agreed that the father, orthodontist Dr. Darrell Angle, had no right to "impose a genetic parental relationship" on his ex-wife, pediatrician Dr. Laura Dahl, who did not wish to be considered the mother of the preborn children in the event that they were carried to term.  Angle, on the other hand, insisted that the embryos were alive and deserved to be protected from destruction. 

In 2000, Drs. Angle and Dahl had married and given birth to a son, and in 2004 decided to conceive again via in-vitro fertilization (IVF) treatment at the Oregon Health & Science University (OHSU).  The treatment failed, and six embryos were frozen for indefinite preservation.  The agreement signed by both parties named Dahl as the default decision-maker concerning the fate of the embryos, should the couple separate.

When the couple divorced soon after, Dahl indicated that she wished to destroy the embryos because she "did not want anyone else to raise her child," and also feared that the child might one day contact his or her sibling, Dahl’s naturally-conceived son.  

Angle urged the court to reconsider, and said he could not stand to let the small human lives he had fathered be destroyed.

"There’s no pain greater than having participated in the demise of your own child," said Angle. 

The court nonetheless ordered that the embryos be killed. 

Dr. Angle then appealed to a higher court to overrule the decision as an unfair distribution of property.  Angle argued that the OHSU agreement should be considered null and the embryos rightfully his, as his desire to save their lives was more valid than the wife’s desire to avoid the birth of another child belonging to her.

On the contrary, Dr. Dahl argued that the court should not favor Angle "in a way that could result in the birth of a child over the objections of a source of the genetic material," as stated by the court document.

The court, while narrowly avoiding calling embryos "property," decided that authority over the embryos did constitute a matter of private property, as Dr. Angle had argued.  However, the court ultimately ruled in favor of Dahl, and saw insufficient reason to override the OHSU agreement giving Dahl primary decision-making powers in regards to the fate of the embryos. 

The court appealed to several related state appellate court rulings as precedent, including Tennessee’s Davis v. Davis, which ruled "the husband’s interest in not procreating outweighed the wife’s interest in donating the eggs to another couple."

The bizarre circumstances of the Oregon case are becoming commonplace, as more and more divorcing couples bring their battle over the possession or destruction of frozen embryos to U.S. courts.  According to some estimates, over 100,000 frozen embryos await either implantation or destruction in cryo-banks throughout the country, the leftover products of an exploding IVF industry.

To see the full Oregon Appeals Court document: http://www.publications.ojd.state.or.us/A133697.htm

See related LifeSiteNews.com articles:

"Embryos are Humans" Says U.S. Government Report on Stem Cell Research
http://www.lifesitenews.com/ldn/2007/jan/07011009.html

Why Embryo Destruction is Worse than Abortion
http://www.lifesitenews.com/ldn/2006/jul/06071901.html

Chicago Court Rules Dead IVF Embryo a "Human Being"
http://www.lifesitenews.com/ldn/2005/feb/05020706.html

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The first pro-abortion Republican enters the 2016 presidential race

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By Ben Johnson

EXETER, NH, May 28, 2015 (LifeSiteNews.com) – The large and expanding field of would-be Republican presidential candidates grew by one today, as George Pataki became the first GOP presidential hopeful this election season to openly support abortion-on-demand.

The 69-year-old long-shot candidate also has a history of supporting homosexual legislative causes.

In the weeks leading up to his formal announcement, George Pataki took out TV ads asking Republicans to refrain from talking about abortion and gay “marriage,” branding them “distractions.”

“In 12 years [as governor], I don’t think I talked about that issue twice,” he once said of abortion.

On same-sex “marriage,” he says, “I think, leave it to the states. I don’t think it’s a role in Washington.”

However, Pataki has a long history of enacting the homosexual political agenda as governor of New York from 1994-2006. He signed a “hate crimes” law that added the words “gay” and “lesbian” to New York state law for the first time.

He signed the Sexual Orientation Nondiscrimination Act (SONDA), which prohibits business owners from “discriminating” against homosexuals in housing or hiring, with an exemption only for religious institutions.

He also added sexual orientation to state civil rights laws, alongside such immutable characteristics as race and sex, in an apparent quid pro quo for a gay activist group's endorsement in his last run for governor. The New York Times reported that, under pressure from Pataki, the then-Senate Majority Leader “shifted his position on the bill as part of what is tacitly acknowledged, even by Senator [Joseph] Bruno's senior aides, to have been a deal to win an endorsement for Governor Pataki from the state's largest gay rights group, the Empire State Pride Agenda.”

After the LGBT activist group endorsed Pataki in 2002, citing a long list of his service to the homosexual political cause, Pataki personally lobbied senators for the bill's passage, then signed it into law that December.

Coupled with his stance on gun control, environmentalism, and other issues, he stands well to the left of the Republican mainstream.

The three-term governor of New York, who belongs to the Roman Catholic Church, took his own advice by largely avoiding social issues today. The closest he came was his vow, “I'd repeal oppressive laws like ObamaCare and end Common Core.”

He added that he would “fire every current IRS employee abusing government power to discriminate on the basis of politics or religion. That is not America!”

Otherwise, Pataki's announcement speech hewed to stand pat Republican issues like reducing taxes, shrinking the number of federal employees, increasing military spending, and supporting entrepreneurship.

He began by thanking his supporters, in English and Spanish.

Smiling, his head pivoting between twin teleprompters, he said, “Let me tell you some of the things I'd do right away to get oppressive government off the backs of Americans.”

He would institute a lifetime ban on congressmen acting as lobbyists after they leave office. “If you ever served one day in Congress, you will never be a lobbyist,” he said. He favors forcing Congress to live under the laws it passes, so there will be “no special rules for the powerful.”

He cited his history of cutting taxes, reducing welfare rolls, and leaving his state with billions of dollars in surplus. “That's what our policies can do,” he said. “I know we can do the same thing for the United States.”

In recent weeks, he has called for a more interventionist foreign policy in the Middle East. Today, he reminded his audience that he was governor of New York in 9/11. “I will not fear the lesson of September 11,” he said. “To protect us, first we must protect the border,” he said – an unexpected phrase, as Pataki supports amnesty for the at least 11 million illegal immigrants already in the United States.

“We will stand with our ally, Israel, a democracy on the front lines of terror and barbarism,” he said.

Like former Sen. Rick Santorum, who announced he is running for president yesterday, Pataki agreed that “if necessary, American forces will be used to actually defeat and destroy ISIS on the ground” – although he promised not to become “the world's policeman.”

Some of his campaign promises drew skepticism, such as seeking to develop self-driving cars and to cure Alzheimer's disease and cancer within the next decade.

The speech's venue was chosen deliberately by Pataki, who considered entering the presidential race in 2000, 2008, and 2012. The town of Exeter, New Hampshire, claims to be the founding place of the Republican Party. (Ripon, Wisconsin, makes a similar claim.)

More importantly, the first-in-the-nation primary skews more libertarian on social issues than evangelical-dominated Iowa and South Carolina, so Pataki has essentially staked his candidacy on doing well in New Hampshire. Fellow pro-abortion Republican Rudy Giuliani made a similar bet in 2008, banking on a good showing among transplanted New Yorkers in the Florida primary. He left the race after finishing a distant third.

Short of a stunning upset in the Granite State, Pataki has little chance of breaking through the pack this year. A Fox News poll ranks him dead last among 16 announced and potential candidates. Holly Bailey of Yahoo! News said, “George Pataki would never say this, but you do have to wonder if he's sort of, maybe, gaming for vice president.”

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Pataki is not the first “pro-choice” Republican to run for president.  Giuliani (who supported partial birth abortion) and Virginia Gov. Jim Gilmore (another potential 2016 candidate, who supports abortion during the first trimester) ran in 2008. Twelve years earlier, both California Gov. Pete Wilson and Pennsylvania Sen. Arlen Specter supported abortion-on-demand. Arlen Specter later left the party and became a Democrat.

In 1988, General Alexander Haig opposed a human life amendment to the U.S. Constitution. So did Texas Gov. John Connally in 1980.

George H.W. Bush supported abortion and voted for Planned Parenthood funding early in his career but changed his position by the time he ran for president the second time, in 1988.

President Gerald Ford was the last Republican nominee to proclaim himself “pro-choice.” 

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Ireland ‘defied God’ by voting for gay ‘marriage’: Cardinal Burke

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By Pete Baklinski

OXFORD, May 28, 2015 (LifeSiteNews.com) -- Cardinal Raymond Burke lamented how formerly Catholic Ireland has gone further than the pagans in the pre-Christian days of old and “defied God” by calling homosexual behavior “marriage” in the referendum last week.

“I mean, this is a defiance of God. It’s just incredible. Pagans may have tolerated homosexual behaviours, they never dared to say this was marriage,” he told the Newman Society, Oxford University’s Catholic organization, in an address Wednesday about the intellectual heritage of Pope Benedict XVI. The Tablet, Britain’s liberal Catholic newspaper, reported his remarks.

On Friday, 1.2 million Irish people voted to amend the country’s constitution to say: “Marriage may be contracted in accordance with law by two persons without distinction as to their sex.” A little over 734,000 people voted against the proposal. 

Burke said that he could not understand “any nation redefining marriage.”

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The cardinal also emphasized the important role that parents play in protecting their children in a culture increasingly hostile to God’s laws. “The culture is thoroughly corrupted, if I may say so, and the children are being exposed to this, especially through the internet,” he said. One practical piece of advice that he offered families was to put computers in public areas to prevent children from “imbib[ing] this poison that’s out there.”

During the same Oxford visit, but during a homily at a Mass the day before, Burke called marriage between a man and woman a “fundamental truth” that has been “ignored, defied, and violated.”

Burke warned during the homily of the dangers of “various ideological currents” and of “human deception and trickery which strives to lead us into error.”

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Why young Christians can’t grasp our arguments against gay ‘marriage’

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By John Stonestreet

May 28, 2015 (BreakPoint.org) -- For five years, Dr. Abigail Rine has been teaching a course on gender theory at George Fox University, an evangelical school in the Quaker tradition.

At the beginning of the semester, she tells her students that “they are guaranteed to read something they will find disagreeable, probably even offensive.”

Writing at FirstThings.com recently, she related how five years ago it was easy to find readings that challenged and even offended the evangelical college students “considering the secular bent of contemporary gender studies.”

But today, things are different. “Students now,” she says, “arrive in my class thoroughly versed in the language and categories of identity politics; they are reticent to disagree with anything for fear of seeming intolerant—except, of course, what they perceive to be intolerant.”

And what do they find “intolerant”? Well, in her class, an essay entitled “What is Marriage?” by Sherif Girgis, Robert George, and Ryan Anderson, which was the beginning of the book “What Is Marriage?: Man and Woman: A Defense.”

In their article, Girgis, George, and Anderson defend what they call the conjugal view of marriage. “Marriage,” they write, “is the union of a man and a woman who make a permanent and exclusive commitment to each other … that is naturally fulfilled by bearing and rearing children together.” They defend this view against what they call the “revisionist view” of marriage, which redefines marriage to include, among other things, same-sex couples.

“My students hate it,” Dr. Rine wrote. They “lambast the article.” “They also,” she adds, “seem unable to fully understand the argument.” And again, these are evangelical students at an evangelical school.

The only argument for conjugal marriage they’ve ever encountered has been the wooden proof-texting from the Bible. And besides, wrote Rine, “What the article names as a ‘revisionist’ idea of marriage—marriage as an emotional, romantic, sexual bond between two people—does not seem ‘new’ to my students at all, because this is the view of marriage they were raised with, albeit with a scriptural, heterosexual gloss.”

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As Rine points out “the redefinition of marriage began decades ago” when “the link between sexuality and procreation was severed in our cultural imagination.”

And if marriage “has only an arbitrary relationship to reproduction,” then it seems mean-spirited to Rine’s students to argue that marriage by its very nature excludes same-sex couples.

And where do students get the idea that marriage “has only an arbitrary relationship to reproduction”? Well, everywhere—television, church, school, their homes, in youth groups.

Rine writes, “As I consider my own upbringing and the various ‘sex talks’ I encountered in evangelical church settings over the past twenty years, I realize that the view of marital sex presented there was primarily revisionist.”

In other words, once you say, “I do,” you get “the gift” of sex which is presented as “a ‘gift’ largely due to its [erotic], unitive properties, rather than its intrinsic capacity to create life.” Even in the Church, children have become an optional add-on to married life rather than its primary purpose.

What can we do to win back our children, our churches, and the culture? In our recent book “Same Sex Marriage,” Sean McDowell and I lay out a game plan. We offer strategies for the short-term and the long-term, with the ultimate goal: re-shaping the cultural imagination towards what God intended marriage to be, starting with the church. Come to BreakPoint.org to pick up your copy.

As Chuck Colson once said in a BreakPoint commentary about marriage, “We Christians are very good at saying ‘No.’ But we’ve got to get better at saying ‘Yes’: showing how God’s plan for humanity is a blessing. That His ways, including faithful, life-giving marriage between one man and one woman, lead to human flourishing physically, emotionally, and spiritually.”

I couldn’t agree more.

Reprinted with permission from Break Point.

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