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A4 U.S. NEWS
Friday 10 March 2023
Virginia slave laws inform judge’s ruling on frozen embryos

By MATTHEW BARAKAT embryos cannot be sold.
Associated Press “As there is no prohibition
FAIRFAX, Va. (AP) — Frozen on the sale of human em-
human embryos can le- bryos, they may be valued
gally be considered prop- and sold, and thus may be
erty, or “chattel,” a Virginia considered ‘goods or chat-
judge has ruled, basing his tels,’” he wrote.
decision in part on a 19th Crockin said she’s not
century law governing the aware of any other judge
treatment of slaves. in the U.S. who has con-
The preliminary opinion cluded that human em-
by Fairfax County Circuit bryos can be bought and
Court Judge Richard Gar- sold. She said the trend, if
diner – delivered in a long- anything, has been to rec-
running dispute between ognize that embryos have
a divorced husband and to be treated in a more nu-
wife is being criticized by anced way than as mere
some for wrongly and un- property.
necessarily delving into a Ashby said he was baffled
time in Virginia history when that Gardiner felt a need to
it was legally permissible to delve into slavery to answer
own human beings. a question about embryos,
“It’s repulsive and it’s mor- even if Virginia case law is
ally repugnant,” said Su- thin on how to handle em-
san Crockin, a lawyer and bryo custody questions.
scholar at Georgetown “Hopefully, the jurispru-
University’s Kennedy Insti- A judge at the Fairfax County, Va., Courthouse, seen here on Tuesday, March 7, 2023, has ruled dence will advance in the
tute of Ethics and an expert that frozen embryos can legally be considered property or “chattel,” basing his opinion in part on commonwealth of Virginia
how state law treated slaves before the Civil War.
in reproductive technology Associated Press such that ... we will no lon-
law. Solomon Ashby, presi- ger see slave codes” cited
dent of the Old Dominion nal: He has not yet ruled divide “goods and chat- of the law. He found that to justify legal rulings, he
Bar Association, a profes- on other arguments in the tels.” The judge ruled that before the Civil War, it also said. Neither of the Heide-
sional organization made case involving Honeyhline because embryos could applied to slaves. The judge manns’ lawyers ever raised
up primarily of African and Jason Heidemann, a not be bought or sold, they then researched old rulings the slavery issue.
American lawyers, called divorced couple fighting couldn’t be considered as that governed custody dis- Jason Heidemann’s law-
Gardiner’s ruling troubling. over two frozen embryos such and therefore Hon- putes involving slaves, and yers said allowing his ex-
“I would like to think that the that remain in storage. eyhline Heidemann had no said he found parallels that wife to implant the embry-
bench and the bar would Honeyhline Heidemann, 45, recourse under that law to forced him to reconsider os they created when they
be seeking more modern wants to use the embryos. claim custody of them. whether the law should ap- were married “would force
precedent,” he said. Jason Heidemann objects. But after the ex-wife’s law- ply to embryos. Mr. Heidemann to procre-
Gardiner did not return Initially, Gardiner sided yer, Adam Kronfeld, asked In a separate part of his ate against his wishes and
a call to his chambers with Jason Heidemann. the judge to reconsider, opinion, Gardiner also said therefore violate his con-
Wednesday. His decision, The law at the heart of Gardiner conducted a he erred when he initially stitutional right to procre-
issued last month, is not fi- the case governs how to deep dive into the history concluded that human ational autonomy.” q

California sues Huntington Beach over affordable housing

By AMY TAXIN and Bonta is asking a judge to Bonta said the council has cil has not allowed new es each year, which would
ADAM BEAM order Huntington Beach blocked new duplexes in “accessory dwelling units” leave California well short

Associated Press City Council to comply with some single-family home small apartments built on a of that goal.
HUNTINGTON BEACH, Ca- state housing laws and to neighborhoods, despite a property commonly known “This is the colossal chal-
lif. (AP) — California on punish councilmembers by state law requiring them to as “granny flats.” lenge that California is
Thursday sued one of its making them pay a fine. do it. He also said the coun- Both approaches are a confronting,” Bonta said.
picturesque coastal cities key part of state lawmak- “The message we’re send-
and accused it of refusing ers’ strategy to address the ing to the city of Hunting-
to build more affordable state’s housing shortage, ton Beach is simple: Act in
housing, an issue Demo- which has sent rents and good faith, follow the law
cratic Gov. Gavin Newsom home values soaring while and do your part to in-
called the “original sin” of increasing the number of crease the housing supply.
the state’s housing short- people on the streets. Cali- If you don’t, our office will
age. fornia is home to nearly a hold you accountable.”
Attorney General Rob Bon- third of the nation’s home- A Huntington Beach repre-
ta sued Huntington Beach, less population, according sentative did not immedi-
a city of about 200,000 to federal data. ately reply to a request for
people along the Southern State housing officials say comment.
California coast where the California needs an addi- The city posted a mes-
median home sales price tional 2.5 million homes by sage to its Twitter account
is $1.1 million or more than This aerial photo shows the pier and shoreline in Huntington 2030 in order to keep up on Thursday saying it is still
$300,000 higher than the Beach, Calif., on Oct. 11, 2021. with demand. But the state accepting applications for
state average. Associated Press builds about 125,000 hous- accessory dwelling units. q