Pregnancy and Reproductive Rights Related Sentencing and Probation Conditions

March 08, 2004

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

Bacground

Procreation conditions imposed over the years by both criminal and civil courts have included forced sterilization, contraception or castration, and prohibitions on fathering a child, pregnancy and engaging in sexual intercourse. Although in most cases the defendants have been convicted of child abuse or neglect, in many instances the crimes alleged have been wholly unrelated to children or child-bearing. In many instances, the defendants had been convicted of robbery, forgery, or drug possession.

Though trial courts continue to impose procreation restrictions, the United States Supreme Court, in 1942, struck down as unconstitutional a sentencing law requiring sterilization for repeat offenders convicted of certain crimes. Skinner v. Oklahoma, 316 U.S. 535, 540 (1942). The Court stated that procreation is "one of the basic civil rights of man." Id. Applying this precedent, a majority of appellate courts have overruled procreation restrictions made at the trial level as unconstitutional. As just one example, in State v. Richard, a woman was convicted of possession of drug paraphernalia and disorderly conduct, plus prior charges of possession of marijuana and drug paraphernalia. 680 N.E.2d 667, 668 (Oh. Ct. App. 1996). In addition to a standard fine and jail sentence, the trial judge ordered Richard to use birth control or have a tubal ligation as a condition of her probation. Id. at 669. Fortunately for Richard, she had the resources to contest this order and the Court of Appeals of Ohio overturned the probation, as it bore no relationship to the crime for which she was convicted. Id. at 670.

In 2001, however, State v. Oakley became a rare exception when the Supreme Court of Wisconsin, in a narrowly held opinion, upheld a probation condition restricting Oakley's right to father children until he can financially support his current children. 629 N.W.2d 200, 212 (Wis. 2001). The Court found the condition to be "reasonable and not overly broad[,]" even though "the condition infringed upon a constitutional right." Id. However, Oakley did not overturn Skinner. The Court distinguished Skinner by saying that Oakley's constitutional right is preserved, because he can procreate as soon as he supports his children. Id. For a further discussion of the vilification of poor fathers see Suzy Hansen's article, The Myth of the Deadbeat Dad (http://dir.salon.com/booksint/ 2001/08/09/black_fathers/index.html?sid=1044650).

Despite the continuing consensus that freedom to procreate is a protected constitutional right, there are growing numbers of trial court decisions that make restrictions on procreation an integral part of sentencing. Unfortunately, many of these decisions go unappealed. Whether this is because the defendants are relieved to receive lighter sentences, or because they have limited monetary funds and court-appointed lawyers who are overworked and underpaid, the result is the same: judges are violating the Constitution and telling these people, most of whom are non-white women and all of whom are poor, that they cannot have children.

Significantly, when the case involves a man and a woman charged with child endangerment or abuse, more often than not, it is only the woman whose reproductive life is subsequently controlled. See State v. Solero, No. 2061-97 (Supreme Court of the State of New York, Kings County Jan. 8, 1998); State v. Dillard (Harriet Chiang, Monthly Pregnancy Test Ordered; Woman’s Children Have Alcohol-Related Defects, THE SAN FRANCISCO CHRONICLE, June 8, 1995 at A19); Commonwealth v. Ferguson No. E073736-5 (Ct. of Common Pleas of Cumberland County Feb. 15, 1994); State v. Gross No. 19507 (Washington County Criminal Court 1993). Additionally, it appears that some judges use bond conditions to impose related restrictions on procreation and sexual autonomy. For example, in State v. Hillman, the judge ordered Ms. Hillman, charged with feticide, "not [to] engage in sexual intercourse" as one special condition of bond. No. 97CR-598 (Superior Court of Walton County, State of Georgia Oct. 2, 1997). It is possible that many more instances of bond conditions such as this one exist, but because of the nature of documentation, they are difficult to discover.

The United States of America has a long and embarrassing history of eugenics. Indeed, the landmark case of Carrie Buck v. Bell, where Justice Oliver Wendell Holmes wrote, "Three generations of imbeciles is enough[,]" has never been overturned. 274 U.S. 200 (1927). And just as there was no factual evidence to support Carrie Buck’s, her mother’s or her daughter’s "feeble-mindedness," there is no factual evidence to support that making procreation restrictions a condition of probation helps a defendant's existing children or furthers any other legitimate state interest.

NAPW notes that there appears to be a correlation between the frequency of these kinds of cases and concurrent political movements. Buck v. Bell was decided at the height of eugenics’ popularity. When Norplant was first introduced, there was an influx of cases that made Norplant insertion a condition of many women’s probations. For a further discussion of the potential political and legal abuse of Norplant see Dorothy Roberts, From Norplant to the Contraceptive Vaccine, in KILLING THE BLACK BODY 104 (Pantheon Books 1997); Julie Mertus & Simon Heller, Norplant Meets The New Eugenicists: The Impermissibility of Coerced Contraception, 11 ST. LOUIS U. PUB. LAW REV. 359 (1992).


Most recently, Project Prevention (previously called C.R.A.C.K., for Children Requiring a Caring Kommunity), a private program that offers $300 for current and former drug users to get sterilized or to use certain long-acting birth control methods, has been gaining popularity, funding, and media coverage. As Project Prevention’s message, asserting that a wide range of economic and social problems can be fixed by stopping certain groups of people from procreating, court orders creating procreation penalties seem to be gaining momentum as well. For example, both Oakley and In re Bobbijean P., were decided since the creation of C.R.A.C.K./Project Prevention. In In re Bobbijean P a Family Court Judge ordered two adults to refrain from procreating until they have the financial means to regain custody of their existing children. 03626-03 (N.Y. Fam. Ct. March 31, 2004.

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), provides an excellent overview of these issues and cases. www.wcl.american.edu/journal/genderlaw/12/roth.pdf Below is a summary of cases NAPW researchers found as of 2004.


Summary of Written Opinions and Orders in Reproductive Capacity Related Sentencing and Probation Cases (as of June 4, 2004).

Pregnancy Restrictions

People v. Walsh, 593 N.W.2d 558 (Mich. 1999) (Supreme Court of Michigan found the trial court’s order compelling Ruth Bertha Walsh to use Depo-Provera or Norplant was moot because Walsh underwent a tubal ligation. The Court added, however, that the contraceptive order was unlawful. Walsh pleaded nolo contendere to second degree child abuse.).

In re J.N.G., 2003 WL 22299795 (Mich. App. 2003) (Trial court directed Renee Gamez to get on a medically verifiable form of birth control, i.e. IUD or Depo-Provera. Gamez appealed, while case was pending on appeal, the trial court attempted to rescind this portion of its order but lacked the requisite authority. It appears this condition was rescinded. Gamez was charged with abuse and neglect in Family Court.).

Trammel v. State, 751 N.E.2d 283 (Ind. App. 2001) (Court of Appeals of Indiana invalidated probation condition ordering Trammel not to become pregnant, because it excessively impinged upon her privacy right of procreation and served no discernible rehabilitative purpose. Trammel was charged in Criminal Court with neglecting a dependent in connection with her son’s death.).

State v. Richard, 680 N.E.2d 667 (Ohio Ct. App. 1996) (Court of Appeals of Ohio invalidated a probation condition ordering Richard to use some sort of birth control or get a tubal ligation. Richard was convicted for marijuana and drug paraphernalia possession; she received a suspended jail sentence and fine.).

People v. Ferrell, 659 N.E.2d 992 (Ill. App. Ct. 1995) (Appellate Court of Illinois found that a no-pregnancy condition for probation violated a state statute, but found that requiring a blood test to detect pregnancy was reasonable. Susie J. Ferrell was convicted for aggravated battery of a two-month-old child.).

People v. Negrete, 629 N.E.2d 687 (Ill. App. Ct. 1994) (Appellate Court of Illinois found that Silvia Negrete’s extended jail term, which was imposed to prevent her from becoming pregnant again, was improper. Negrete was convicted for heinous battery and sentenced to forty-five years in prison.).

People v. Bedenkop, 252 Ill. App. 3d 419, 625 N.E.2d (Ill. App. Ct. 1993) (Appellate Court of Illinois overturned the Circuit Court’s sentencing of Cathy Bedenkop to seven years in prison for violating her probation. The Circuit Court imposed an excessive sentence to prevent Bedenkop from becoming pregnant. Bedenkop pleaded guilty to possession of a controlled substance with intent to deliver and delivery of a controlled substance.).

People v. Zaring, 10 Cal. Rptr. 2d 263 (Cal. Ct. App. 1992) (California Court of Appeal invalidated a probation condition for heroin possession conviction prohibiting Linda Gail Zaring from becoming pregnant.).

People v. Johnson, 1992 WL 685375 (Cal. Ct. App. 1992) (California Court of Appeal mooted a Norplant probation condition. Shortly after Norplant’s approval by the Food and Drug Administration, Darlene Johnson was coerced into agreeing to Norplant as a condition of her probation for a child abuse conviction.).

State v. Mosburg, 768 P.2d 313 (Kan. Ct. App. 1989) (Court of Appeals of Kansas struck down a probation condition prohibiting Diana K. Mosburg from becoming pregnant. Mosburg was convicted for child endangerment and sentenced to thirty days’ imprisonment and a two- year parole.).

Thomas v. State, 519 So. 2d 1113 (Fla. App. 1988) (District Court of Appeal of Florida found a probation condition prohibiting Christine Thomas from becoming pregnant unless she is married “grossly erroneous on its face.” Thomas was convicted for stealing.).

State v. Norman, 484 So. 2d 952 (La. App. 1986) (Court of Appeal of Louisiana invalidated a probation condition requiring Savitri V. Norman not to give birth to illegitimate children. Norman was convicted of forgery.).

People v. Pointer, 199 Cal.Rptr. 357 (Cal. Ct. App. 1984) (California Court of Appeal invalidated a probation condition where Ruby Pointer was prohibited from conceiving. Pointer was convicted for child abuse because she limited her children to a strict macrobiotic diet.).

Rodriguez v. State, 378 So. 2d 7 (Fla. App. 1979) (District Court of Appeal of Florida invalidated a probation condition prohibiting Kathy York Rodriguez from marrying or becoming pregnant. The Court upheld a condition prohibiting custody of any children, including the child with which she was pregnant at the time of sentencing. Rodriguez was convicted of aggravated child abuse.).

State v. Livingston, 372 N.E.2d 1335 (Ohio Ct. App. 1976) (Court of Appeals of Ohio invalidated a condition of probation requiring that Livingston, 20-years-old, not have a child for five years. She pleaded guilty to child abuse.).

People v. Dominguez, 64 Cal.Rptr. 290 (Cal. Ct. App. 1967) (California Court of Appeal invalidated a probation condition requiring Mercedes Dominguez not to live with a man without marriage and not to become pregnant. Dominguez was found guilty of second-degree robbery.).

State v. McGee, (Shelby County Juvenile Court June 25, 2004) (Aimee Edmonson, Retarded Woman’s Rights and Taxpayer Cost Enter the Cycle, COMMERCIAL APPEAL, June 27, 2004) (Tennessee Juvenile Court Referee Claudia Haltom signed a court order for long-term birth control for Loretta McGee, 33-years-old, who is mentally disabled. Ms. McGee was called to Juvenile Court for a proceeding involving one of her ten children.).

In re Bobbijean P., No. 03626-03, slip op. (N.Y. Fam. Ct. March 31, 2004) (New York Family Court Judge Marilyn O’Connor found two parents guilty of neglect and ordered them not to procreate until they have obtained custody of their four children in foster care.).

State v. Goetz, 2000CF00055 (Pierce County, WI, June 22, 2001) (Circuit Judge Dane Morey sentenced Andrea Goetz to ten years’ probation and one year in jail for her role in the death of her daughter. Judge Morey ordered that as a condition of Goetz’s probation she could not have any children without permission from the court or her probation officer or she could face more jail time.).

State v. Sprinkle, No. 00-309, slip op. (Mont. Nov. 16, 2000) (District Judge Dorothy McCarter ordered Dawn Marie Sprinkle, 29-years-old, not to get pregnant for a period of ten years or risk jail time and required her to report to the county jail every two months for a pregnancy test. Sprinkle was convicted of child endangerment charges for giving birth to a baby with amphetamines in his system.).

State v. Solero, No. 2061-97 (Supreme Court of the State of New York, Kings County Jan. 8, 1998) (In New York, 1997, Justice Joseph F. Bruno of State Supreme Court in Brooklyn ordered Denise Solero to a five-year probation, augmented with a pregnancy-reporting requirement. If Solero becomes pregnant again, she must inform the Probation Department so a court can determine if she is fit to care for the child. Solero pleaded guilty to hindering the prosecution of her boyfriend, who killed her daughter.).

State v. Dillard (Harriet Chiang, Monthly Pregnancy Test Ordered; Woman’s Children Have Alcohol-Related Defects, THE SAN FRANCISCO CHRONICLE, June 8, 1995 at A19) (In San Jose, CA, 1995, Superior Court Judge William F. Martin ordered Willette Dillard and her partner to one year in county jail and ordered them to attend a six-month live-in drug and alcohol treatment program. Dillard was also ordered to submit to monthly pregnancy tests and if she became pregnant she would have to return to a live-in drug and alcohol program. Dillard and her partner were convicted of felony child endangerment.).

State v. Carrillo, No. CR44994 (Sup. Ct. Pima County Mar. 22, 1994) (Rachel Machado Carrillo was ordered to submit to Norplant or a tubal ligation as a condition of her sentencing for use of an unlawful narcotic, a class four felony.).

Commonwealth v. Ferguson, No. E073736-5 (Ct. of Common Pleas of Cumberland County Feb. 15, 1994) (Vicki Jo Ferguson, 22-years-old, was sentenced to two years’ probation after she consented to Judge George E. Hoffer’s stipulation to use Norplant. Ferguson pleaded guilty to endangering the welfare of children and her partner was convicted of aggravated assault and endangering the welfare of children. Ferguson’s partner received three to six years in state prison.).

State v. Turner, Case no. 92-02311 CFANO-I (Pinellas County, Criminal Division June 8, 1993) (In Florida, Circuit Judge Claire K. Luten sentenced Tabatha Turner, 19-years-old, to fifteen years’ probation and ordered her to get pregnancy tests every sixty days or prove she is using substantial birth control, such as Norplant. Turner pleaded guilty to manslaughter and culpable negligence in the death of her baby.).

State v. Byrd, Case no. 663142 (337th District Court Harris County 1993) (In Texas, October 1993, State District Judge Jim Barr went to great lengths to have Alice Faye Byrd, 29-years-old, acknowledge she was accepting Norplant voluntarily and not as a result of coercion. However, Judge Barr also made it clear he wasn’t inclined to give her probation if she didn’t accept Norplant. Byrd was convicted of misdemeanor child abandonment.).

State v. Smith, Case no. 92CF761 (11th Judicial Circuit Feb. 8, 1993) (In Illinois, 1993, McLean County Judge Ronald Dozier ordered Lisa Smith, 22-years-old, guilty of child abuse, to have Norplant implanted in her arm as part of a three and a half years probation, six months in jail, and 130 hours of community service.).

State v. Hay (Florida Judge Overturns State Adoption “Gag Rule;” Norplant as Punishment, ABORTION REPORT. (July 23, 1993), available at http://www.kff.org).
(In Florida, 1993, Katrice Hay agreed to receive Norplant after being convicted of aggravated child abuse.).

State v. Knighten, Case no. 601619 (262nd Court of Harris County 1991) (In Texas, August 1991, Cathy Lanel Knighten, 23-years-old, had a five-year contraceptive device implanted in her arm as part of a plea bargain agreement to keep her out of prison. State District Judge Doug Shiver also ordered Knighten to serve ten years’ probation and take parenting classes. Knighten pleaded guilty to injuring her child.).

State v. Wilder, Case no. 19905202CFA (4th Judicial Circuit 1990) (In Florida, November 1990, Trial Judge Lawrence Page Haddock, ordered Tracy Wilder, 17-years-old, to use birth control during probation after she suffocated her newborn daughter.).

U.S. v. Vaughn, Sup. Ct. D.C., Crim. No. F-2172-88B (August 23, 1988) (Superior Court of the District of Columbia lengthened the sentence of a pregnant, drug-addicted woman in order to keep her incarcerated until her baby was born. Vaughn was convicted of check forgery.).

State v. Forster (J.W. Brown, Teen Ordered on Birth Control is Expecting, PHOENIX GAZETTE, August 30, 1988, at A1) (In Arizona, 1988, Maricopa County Superior Court Judge Lindsay Ellis Budzyn sentenced Debra Ann Forster, 18-years-old, to use birth control for life after she was found guilty of child abuse. Forster became pregnant and the sentence was subsequently overruled as unenforceable.).

In 1987, Thomas Spain, a Hopkins County Circuit Judge in Kentucky, ordered two women who had ten children between them to abstain from sex or use contraceptives as part of their sentences for convictions on welfare fraud charges. (Vasectomy Choice Isn’t Cutting Edge, LEXINGTON HERALD-LEADER, May 18, 2004).

Sterilization Requirements

Skinner v. Oklahoma, 316 U.S. 535 (1942) (United States Supreme Court found unconstitutional a sentencing law requiring sterilization for certain recidivists.).

Buck v. Bell, 274 U.S. 200 (1927) (United States Supreme Court upheld an order requiring a“feeble-minded woman” to be sterilized because “three generations of imbeciles are enough.”).

Smith v. Superior Court, 725 P.2d 1101 (1986) (Supreme Court of Arizona invalidated a probation condition requiring that a couple convicted of child abuse be sterilized.).

State v. Feilen, 126 P.75 (Wash. 1912) (Supreme Court of Washington upheld an order requiring a convicted rapist to undergo a vasectomy and rejected the claim of cruel and unusual punishment.).

People v. Blankenship, 61 P.2d 352 (Cal. Ct. App. 1936) (California Court of Appeals upheld the condition requiring a syphilis-infected rapist to submit to sterilization.).

State v. Looney, No. 99-F0065 (Parish of Ouachita, Fourth Judicial District Court, Feb. 25, 2000) (District Court Judge Carl V. Sharp gave Kathy Looney a choice between sterilization and ten years in prison, following her conviction for beating three of her eight children with an extension-cord. A month later, the sterilization condition was deleted and Looney was mandated to stay on Norplant. In December of 2000, the Court then deleted the Norplant condition.).

State v. Sutton (Jeff Stidham, Baby Dead; Mother is Free, TAMPA TRIBUNE, November 25, 1997 at 8) (In Florida, 1997, Hillsborough Circuit Judge Gregory Holder gave Dionne Sutton custody of her children only after she told him she had been sterilized. It appears she “voluntarily” underwent sterilization. Sutton was prosecuted for fetal death due to cocaine, because she induced a miscarriage at 22 weeks.).

In Kentucky, 1993, Jefferson County District Judge Donald Eckerle ordered a woman, pregnant with her fourth child and behind on child-support payments to her ex-husband, to twelve months in jail. However, Judge Eckerle told the woman he would release her into the county’s home-incarceration program if she underwent a tubal ligation. (Vasectomy Choice Isn’t Cutting Edge, LEXINGTON HERALD-LEADER, May 18, 2004).

State v. Gross, No. 19507 (Washington County Criminal Court 1993) (Barbara Gross, 26-years-old, was ordered to have a tubal ligation as a condition of her probation. Gross and her husband pleaded guilty to charges of sexually abusing their four children.).

State v. Baldwin (Plan to Sterilize Woman is Debated, NEW YORK TIMES, September 25, 1988 at Section 1; Part 1; Page 35; Column 1) (In Indiana, 1988, Judge Roy Jones suggested he would be more lenient with Melody Baldwin’s sentencing if she agreed to sterilization. Baldwin, pregnant with her second child, pleaded guilty to neglecting a dependent after the state dropped murder charges for her poisoning her first child.).

State v. Williams (Jeff Feeley, Woman Accepts Sterilization as Term of Plea; Charged with Murdering Her Child, THE NATIONAL LAW JOURNAL, August 18, 1986 at 61)
(In Richland County, South Carolina, 1986, Fifth Judicial Circuit Solicitor James C. Anders agreed to reduce the charges against Debra Williams, 26-years-old, because she offered to have a tubal ligation. Williams pleaded guilty to manslaughter for the starvation death of her baby.).

“Fathering” Restrictions

U.S. v. Smith, 972 F.2d 960 (8th Cir. 1992) (Eighth Circuit Court of Appeals invalidated a probation condition prohibiting Jesse Smith from causing conception of another child other than to his wife. Smith pleaded guilty to attempting to possess heroine with intent to distribute.).

State v. Oakley, 629 N.W.2d 200 (Wis. 2001) (Supreme Court of Wisconsin upheld a condition of probation that David W. Oakley avoid having another child unless he showed he could support the child and current children despite its infringement upon the fundamental right to procreate.).

State v. Talty, 2003 WL 21396835 (Ohio Ct. App. 2003) (Ohio Court of Appeals held that a community control condition that Sean E. Talty take reasonable steps to avoid conceiving another child was constitutional. This was appealed to the Ohio Supreme Court and is still pending. Talty pleaded no contest to non-support of dependents.).

State v. Kline, 963 P.2d 697 (Or. Ct. App. 1998) (Court of Appeals of Oregon upheld a condition of probation that Tad Kline be prohibited from fathering any more children until he completed drug and anger management counseling. Court found this did not infringe on Kline’s right to procreate in violation of equal protection. Kline was convicted for criminal mistreatment of his child.).

Burchell v. State, 419 So. 2d 358 (Fla. Dist. Ct. App. 1982) (District Court of Appeal of Florida struck down without comment a probation condition prohibiting James Daniel Burchell from fathering any children.).

Howland v. State, 420 So. 2d 918 (Fla. Dist. Ct. App. 1982) (District Court of Appeal of Florida invalidated a probation condition prohibiting Michael Ray Howland, convicted of child abuse, from fathering any children.).

May 18, 2004, Campbell County Family Court Judge D. Michael “Mickey” Foellger in Kentucky has a policy of giving men who habitually fail to pay their child support a choice between jail and a vasectomy. None of Judge Foellger’s orders have been appealed. (Vasectomy Choice Isn’t Cutting Edge, LEXINGTON HERALD-LEADER, May 18, 2004).

Castration Requirements
Courts have instituted castration requirements for a variety of reasons. Most often, medical castration is imposed upon, or offered as an alternative to imprisonment to, sex offenders. For a more detailed discussion refer to Lisa Keesling, Comment: Practicing Medicine Without A License: Legislative Attempts To Mandate Chemical Castration For Repeat Sex Offenders, 32 J. Marshall L. Rev. 381 (1999).

Briley v. State, 564 F.2d 849 (9th Cir. 1977) (examining Briley’s allegation he underwent castration to avoid child molestation conviction).

State v. Brown, 326 S.E. 2d 410 (S.C. 1985) (invalidating probation condition requiring three men convicted of sexual assault be castrated).

People v. Gauntlett, 352 N.W.2d 310 (Mich. Ct. App. 1984) (invalidating probation condition requiring that man convicted of sexually abusing his stepchildren submit to “chemical castration” through ongoing Depo-Provera injections).

Sex Prohibitions

Krebs v. Schwartz, 568 N.W. 2d 26 (Wis. Ct. App. 1997) (Court of Appeals of Wisconsin upheld a probation condition imposed on Kenneth Krebs, convicted of sexually assaulting his daughter, that he receive approval from his probation officer before engaging in a “dating, intimate, or sexual” relationship.).

Wiggins v. State, 386 So. 2d 46 (Fla. Dist. Ct. App. 1980) (District Court of Appeal of Florida struck down a probation condition prohibiting defendants from engaging in extramarital sex. Betty Louise Thomas pleaded guilty to forgery and Sarah May Wiggins pleaded guilty to uttering a forged instrument.).

State v. Crawford (Bruce Schreiner, Judge Rejects No-Sex Condition for Deadbeat Dad, ASSOCIATED PRESS, May 14, 2002) (In Louisville, KY, 2002, Jefferson Circuit Court Judge Tom McDonald invalidated a no-sex clause condition of probation for Luther Crawford, accused of being a chronic deadbeat dad.).

State v. Torres (Jeremy Schwartz, Banales Tells Offender: No Sex, CORPUS CHRISTI CALLER-TIMES, June 8, 2001 at A1) (In Corpus Christi, Texas, April 18, 2001, 105th District Judge J. Manuel Banales issued a “no-sex before he’s married” order after learning Robert Torres, 19-years-old, had fathered a daughter with a 16-year-old girl and impregnated another 17-year-old girl. Torres pleaded guilty to having sex with a 13-year-old girl.).

State v. Hillman, No. 97CR-598 (Superior Court of Walton County, State of Georgia Oct. 2, 1997) (Jacquelyn Hillman, charged with feticide, was ordered, as a special condition of bond, “not [to] engage in sexual intercourse.”).

Articles that mention cases not published on Lexis or Westlaw

J.W. Brown, Teen Ordered on Birth Control is Expecting, PHOENIX GAZETTE, August 30, 1988, at A1.

Harriet Chiang, Monthly Pregnancy Test Ordered; Woman’s Children Have Alcohol-Related Defects, THE SAN FRANCISCO CHRONICLE, June 8, 1995 at A19.

Alexander Cockburn, Eugenics: The Impulse Never Dies, THE FREE PRESS, March 8, 2000.

Mark Curriden, Sterilization Ordered for Child Abuser: From Tennessee to Texas, Judges Order Procedure When Defendants Volunteer, 79 A.B.A.J. 32 (1993).

Jeff Feeley, Woman Accepts Sterilization as Term of Plea; Charged with Murdering Her Child, THE NATIONAL LAW JOURNAL, August 18, 1986 at 61.

Florida Judge Overturns State Adoption “Gag Rule;” Norplant as Punishment, ABORTION REPORT. (July 23, 1993), available at http://www.kff.org.

Joseph P. Fried, Murdered Child’s Mother Gets 5-Year Probation, NEW YORK TIMES, January 9, 1998, Section B; Page 1.

Laura Griffin, Mother Pleads in Newborn’s Death, ST. PETERSBURG TIMES, June 9, 1993 at 1B.

Judge Imposes Birth Control to Prevent Michigan Woman From Having More Children (July 8, 2003), available at http://www.aclu.org/news/NewsPrint.cfm?ID=13138&c=225.

Judge Orders Mother to be Given Contraceptive, UNITED PRESS INTERNATIONAL, September 6, 1991.

Judge Tells Woman She Can’t Have More Children, Journal Sentinel, August 30. 2001.

John Makeig, Woman’s Probation Includes Birth Control; Mother, Whose Abandoned 4-Year-Old Died in Blaze, Accepts Norplant, THE HOUSTON CHRONICLE, October 6, 1993 at 21.

Medical Sterilization Ordered for Abusive Louisiana Mother, DESERET NEWS, March 12, 2000 at A14.

Plan to Sterilize Woman is Debated, NEW YORK TIMES, September 25, 1988 at Section 1; Part 1; Page 35; Column 1.

Retarded Woman Agrees to Norplant Instead of Jail, THE LEGAL INTELLIGENCER, February 18, 1994 at 8.

Jeremy Schwartz, Banales Tells Offender: No Sex, CORPUS CHRISTI CALLER-TIMES, June 8, 2001 at A1.

Bruce Schreiner, Judge Rejects No-Sex Condition for Deadbeat Dad, ASSOCIATED PRESS, May 14, 2002.

Jeff Stidham, Baby Dead; Mother is Free, TAMPA TRIBUNE, November 25, 1997 at 8.

Vasectomy Choice Isn’t Cutting Edge, LEXINGTON HERALD-LEADER, May 18, 2004.

Estela Villanueva, Forced Contraception Protested, Legislator Pushes Bill to Ban Courts from Ordering Use of Birth Control by Women, ST. LOUIS POST-DISPATCH, March 15, 1993.

David Zeman, Birth Control Order is Fought, DETROIT FREE PRESS, July 9, 2003.