OPINION:
While I have not read the decision in question and can understand why some, especially African Americans, find it abhorrent, after reading “Virginia slave laws inform judge’s ruling on frozen embryos” web, March 9), I believe that Fairfax County Circuit Judge Richard Gardiner exercised Solomonic wisdom.
Some will find it disturbing because it relies on an amoral, now-antiquated law pertaining to slaves in Virginia but, in deciding as he did, Judge Gardiner shows the horrific but unintended consequence of playing God. Change is not necessarily progress.
I have been a member in good standing of the Virginia Bar Association since 1969; although long retired and never a divorce lawyer, I did do many court-appointed child abuse cases in Fairfax and these often involved parental custody arguments.
I suspect that like the arguments I heard, the arguments mentioned in the article — of a divorced Virginia couple now fighting over frozen embryos — are essentially specious and aimed at “getting back” at the opposing party.
I doubt very much that the ex-husband’s argument of forced procreation in violation of his constitutional rights was a subject of debate by the Founding Fathers. The ex-wife’s argument that she has no alternative to have a child because of cancer-caused infertility is sympathetic. Since my late mother-in-law had the last of her nine children at age 46, I cannot disparage her alleged desire to procreate at age 45. But the ex-wife’s argument that she should prevail “partly because [the ex-husband] would have no legal obligations” seems absurd. If a child results from this, does not the biological father have a duty to support him or her financially? Does he not have visitation rights?
Maybe Judge Gardiner is smarter than the parties give him credit for. I don’t know the answer here, but I think the good judge is telling the parties to find it themselves. Good for him.
JOSEPH P. SMITH III
Annandale, Virginia
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