The time has come for every state to let go of defining dogs as property. Remember that scene in When Harry Met Sally, when Carrie Fisher is fighting with Bruno Kirby over a wagon wheel coffee table? That ugly table is property, the blue plate in Billy Crystal's hand is property, a dog is not.
Resolving pet custody disputes. Should a dog be considered property, if we are finding more court cases of people getting awarded visitation rights?
Case law from the United States shows that two distinct tests have emerged to resolving pet custody disputes: firstly, the application of pure property law principles as discussed above; and secondly, the application of a ‘best interests of the animal’ test which has similarities to the ‘best interests of the child’ test used in many countries to determine the residency of children in disputes between parents. On the whole, the courts in the United States have used the property law test and rejected the ‘best interest of the animal’ test. However, in a growing number of cases the courts have been reluctant to rely solely on property law principles.
The pivotal scene of "that's mine, this is yours"
How do you feel about dogs being legally defined as property, like a toaster?