Court Order to Avoid Conception Challenged

(Columbus, OH) In 2002, Sean Talty was convicted of not supporting three of his seven children by five women and sentenced to five years probation by Medina County Common Pleas Judge James L. Kimbler. According to a report in The Repository (reg. req'd), Talty was also directed to pay $150 weekly in back child support and to avoid fathering more children. Since procreation is considered a right protected by the US Constitution, the court's decision was appealed and subsequently upheld by the 9th Ohio District Court of Appeals in Akron.

Now the Ohio Supreme Court is considering the constitutionality of the judge's decision to curtail the right of procreation for parolees and probationers. A ruling is expected by fall. Already, concerns have been voiced by members of the court.

"How in the world would a judge enforce this?" Justice Evelyn Stratton asked.

"Isn't the judge really trying to legislate morality?" Justice Maureen O'Connor said a few minutes later.

This is a tough situation for many judges deciding on cases of nonpayment of child support. If the court puts a deadbeat dad in jail, he can't pay child support. Alternatively, if the court sentences the deadbeat to probation, he can work and pay child support, however, he can also irresponsibly produce more children. Judge Kimbler opted to put Sean Talty on probation with instructions not to procreate.

Interestingly, a precedent was established in October 2002 by the Wisconsin Supreme Court when it held that the "no procreation" ruling is constitutional. It remains to be seen how the Ohio Supreme Court will decide.

A mention needs to be made of the fact that the "no procreation" ruling brings the justice system inches closer to the day that a court may impose forced sterilization as a sentence.