Procreation Penalties
Historically, both criminal and civil courts have on occasion attempted, through sentencing or probation conditions, to impose restrictions on defendants' reproductive capacities as part of their sentencing. The conditions imposed have included forced sterilization, contraception or castration, and prohibitions on fathering a child, pregnancy and engaging in sexual intercourse. Although, when challenged, most such restrictions have been struck down as unconsitutional and unrelated to any compelling state interest, many people have in fact been subjected to such penalties and there may be a growing trend towards such approaches.
Blaming Pregnant Women, NAPW Commentary in Tompaine.com
In a society that values children, it's striking how frequently our public policy falls short of our rhetoric. Too often, the notion of collective responsibility for the nation's children translates into collective demonization of pregnant women. Collective responsibility for our children should mean support for policies that help pregnant women get the care they need to have healthy babies. Instead, states and localities are increasingly blaming individual women, exaggerating the harms from individual behaviors.
In Arkansas' recent special spring session, Hot Springs Rep. Bob Mathis followed up his successful proposal to make it illegal for someone to smoke in a car with children with a proposal to ban pregnant women from smoking.
For those who subscribe to the view that pregnant women are vessels, treating them like cars makes perfect sense.
Pregnancy and Reproductive Rights Related Sentencing and Probation Conditions
Introduction
Historically, both criminal and civil courts have on occasion attempted, through sentencing or probation conditions, to impose restrictions on defendants' reproductive capacities as part of their sentencing. This Fact Sheet, provides an overview of the issue and court cases as of 2004. NAPW thanks Emily Berger for her help with this informational fact sheet. Rachel Roth's recent article: "No New Babies?" Gender Inequality and Reproductive Control in the Criminal Justice and Prison Systems, Volume 12 Journal of Gender, Social Policy, and the Law, at 392 (2005), also provides an excellent overview of these issues and cases. www.wcl.american.edu/journal/genderlaw/12/roth.pdf
Too poor to procreate: How the Monroe County Court Opinion in In the Matter of Bobbijean P. furthers the rational of service cuts to poor families and fails to advance the welfare of children
By Lynn M. Paltrow
Executive Director
National Advocates for Pregnant Women
A recent decision by a Monroe County judge ordering a couple not to procreate has received national and international attention. Ostensibly, this decision addresses the personal irresponsibility of two drug-abusing parents. In fact, this decision creates a financial means test for procreation.