In September, Texas judge Charlie Baird sentenced a lady to a decade’ probation for problems for a kid by omission. The lady, twenty-year-old Felicia Salazar, admitted that she had did not seek medical care for the child’s injuries, which included broken bones that she had failed to protect her 19-month-old child from a brutal beating by the child’s father, Robert Alvarado, and. Along with other, more ordinary probation conditions (including 100 hours of community solution and emotional guidance), the judge ordered Salazar to not conceive and keep a kid while on probation.
In this line, I address the concern whether this kind of probation condition unconstitutionally infringes upon Salazar’s fundamental straight to procreate.
The Appropriate Supreme Court Precedents
The U.S. Supreme Court has yet to handle instance this is certainly exactly on point for this type of probation condition. Nevertheless, two lines of choices are appropriate. One line has to do with sterilization. With its infamous 1927 choice in Buck v. Bell, the Court upheld the compulsory eugenic sterilization associated with “mentally faulty” in an incident involving a new woman known as Carrie Buck. The Court claimed that “three generations of imbeciles are sufficient.”