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Judge orders couple not to have children
A couple has been ordered not to conceive any more children until the ones they already have are no longer in foster care. A civil liberties advocate said the court ruling unsealed Friday was "blatantly unconstitutional."
Predictable but not unmerited.
Monroe County Family Court Judge Marilyn OâConnor ruled March 31 that both parents "should not have yet another child which must be cared for at public expense. The facts of this case and the reality of parenthood cry out for family planning education. This court believes the constitutional right to have children is overcome when society must bear the financial and everyday burden of care."
| Sounds eminently sensible. She's sure to be overruled... |
The judge is not forcing contraception on the couple nor is she requiring the mother to get an abortion should she become pregnant. The couple may choose to be sterilized at no cost to them, OâConnor ruled. If the couple violates OâConnorâs ruling, they could be jailed for contempt of court. "I donât know of any precedent that would permit a judge to do this," Anna Schissel, staff attorney for the Reproductive Rights Project of the New York Civil Liberties Union, told the Democrat and Chronicle of Rochester. "And even if there were a precedent, it would be blatantly unconstitutional because it violates the United States Constitution and the New York Constitution."
| Not that she can show us where in either document ... |
Neither parent attended the proceeding or secured legal representation. The mother waived her right to a lawyer, and the father never showed up in court.
| This is going to work well. |
The mother was found to have neglected her four children, ages 1, 2, 4 and 5. All three children who were tested for cocaine tested positive, according to court papers. Both parents had a history of drug abuse. It was not immediately clear if the father had other children.
| Wasn't clear to him either. |
A case worker testified that the parents ignored an order to get mental health treatment and attend parenting classes after the 1-year-old was born. The mother was still in the hospital after giving birth to her fourth child in March 2003 when authorities took the infant, according to court papers. Investigators said the mother was unprepared to care for the infant. Attorney Chris Affronti, who chairs the family law section of the Monroe County Bar Association, said heâs not sure how the ruling could be enforced. "I think what the judge is trying to do is kind of have a wake-up call for society," he said.
- EMPHASIS ADDED -
Letâs open this one up for discussion. I really dislike government intervention into the private lives of citizens. Yet, when people not only burden remaining society with their own responsibilities but also commit consistent child abuse, arguments estopping legal adults from continuing such a pattern of offense obtain a degree merit.
It is difficult not to believe that any further children had by these slackers would only be exposed to similar abuse before becoming wards of the state. Again, your opinions, please.
Posted by: Zenster 2004-05-08 |
