July 11, 2001
Milwaukee, Wisconsin: The Wisconsin Supreme Court has
rendered a decision that threatens the right of all Wisconsin men and
women to procreate and may lead to coerced abortions.
The court’s majority has upheld a trial judge, who prohibited a man
on probation for criminal non-support from fathering another child,
unless the probationer can show that he can support that child and his
current children.
The American Civil Liberties Union of Wisconsin believes the court's
4-3 decision does not adequately consider the probationer's fundamental
right to bear a child. While the state certainly has an interest in
requiring that non-custodial parents support their children, this probation
scheme appears to be based more on pop psychology, than any proven method
of altering the behavior of "deadbeat dads or moms."
It is especially unfortunate because, if the probationer makes another
woman pregnant, she will have to decide whether to have an abortion
or to let this man go to prison.
The rights of all Wisconsin residents would be safer if this probationer
were required to abide by reasonable and constitutional conditions of
probation. If he cannot abide by those conditions, he should, like any
other probationer, suffer the consequences.
We can only hope that this decision will not encourage other trial
judges to issue similar orders.
Christopher Ahmuty
Executive Director
ACLU of Wisconsin
