Parental Rights in Oregon
Oregon State Law and Parental Rights
At Risk
Oregon does not have a state statute that explicitly defines and protects parental rights as fundamental rights.
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Oregon Courts and Parental Rights
At High Risk!
Oregon courts have not established a precedent of protecting fundamental parental rights with the strict scrutiny standard of review.
In fact, in his concurring opinion in In re Marriage of Winczewski, 72 P.3d 1012, 1034 (Or. Ct. App. 2003), Chief Justice Deits of the Oregon Court of Appeals pointed out that "The Court in Troxel did not adopt the 'compelling state interest' standard and we have expressly rejected that legal standard."