State v. McMaster

I concur in the result of the majority opinion that the rights of the parents should not be severed in the child involved in this case. I do not agree, however, with the reasoning by the majority and, in particular, in the holding that ORS 419.523 (2) (a) is a valid and constitutional statute.

I agree that the facts of this case, as reviewed by the majority, illustrate one of the serious social problems of our times. Indeed, this is a particularly tragic case and one calling for the wisdom of a twentieth century Solomon. Perhaps that ancient decree would persuade this mother to yield to the…