Judges Who Force Insane, Negligent Women, or Addicts to Get Abortions or Undergo Sterilization – Also: Court Ordered Male Sterilization – Being A Parent Does Not Make A Person More Godly, Mature, or Responsible
I am a right winger and am pro-life. I am not “anti family.” However, I am opposed to the fact that many Christians have turned having or raising babies, the nuclear family, and marriage into idols.
Many Christians tend to exclude or talk rudely about never-married, celibate adults, and anyone who is childless, and other types of singles, such as the divorced.
Evangelical Christians – as well as Southern Baptists, fundamentalists, the Reformed and other types of Christians – harbor this wacko, unbiblical, weird idea that a person using his or her genitalia to make a baby automatically affords that individual godliness, maturity, and a sense of responsibility.
Single adults who never marry or make babies are said by many Christians to be selfish or irresponsible.
(Christians never take into account that some of these singles wanted to marry and/or have children but could never find a suitable partner or are infertile.)
The fact is that using your biological parts to make a baby does not make you more godly or mature than someone who does not.
See examples in this thread at this blog:
(Link): Parenthood Does Not Make People More Loving Mature Godly Ethical Caring or Responsible (One Stop Thread)
That a woman can reproduce and does so does not make her more mature, responsible, loving, giving, self-less, or godly than women who cannot, or women who can and choose not to.
Some women are so hideous at parenting, so immature, so selfish, that they neglect their own children, or abuse them – to the point that judges seek to have these women sterilized, or their family members do.
Here are some examples – never mind that some of these decisions were overturned, the fact is that some women are so horrible at parenting that someone, a judge or family member, was even considering these options to start with:
- Posted Jan 18, 2012 7:15 AM CST
By Debra Cassens Weiss
The Massachusetts Appeals Court has overturned an order by a now-retired probate judge who authorized an abortion for a schizophrenic woman and decided sua sponte that she should be sterilized.
The appeals court reversed the sterilization order and called for a new evidentiary hearing on the issue of whether the woman, identified by the pseudonym Mary Moe, would have an abortion if she were competent. The Boston Herald and the Boston Globe covered the Jan. 17 opinion.
The family court judge, Christina Harms of Norfolk, Mass., had appointed Moe’s parents as her guardians on Jan. 6 so they could consent to an abortion, according to the appeals court opinion. Harms said Moe could be “coaxed, bribed, or even enticed … by ruse” to the hospital for the procedure.
Harms also decided sua sponte and without notice that Moe should be sterilized “to avoid this painful situation from recurring in the future.” According to the appellate opinion, “No party requested this measure, none of the attendant procedural requirements has been met, and the judge appears to have simply produced the requirement out of thin air.”
Moe had testified she is “very Catholic” and would never have an abortion.
However, she also denied that she is pregnant, asserted she had previously given birth to a girl named Nancy and had met the judge before. She had not met the judge and she previously gave birth to a boy, not a girl, who is being cared for by her parents.
Moe has been hospitalized several times for mental illness. She is estimated to be up to five months pregnant.
Oddly, the secular feminist site Jezebel did not like this one bit:
- (Link): Horrible Judge Tries to Force Schizophrenic Woman to Get Abortion, Be Sterilized
The secular feminists at Jezebel (and other sites) almost always root for abortion, like in this story below, so I’ve no idea why they were upset at the story above:
(Link): Texas Will Keep a Dead Woman on Life Support Just to Incubate Her Fetus
Another link about the lady in Boston:
- Jan 2012
BOSTON — A Catholic mother, struggling with mental illness, is fighting for the life of her unborn child in a Massachusetts court. The 32-year-old woman, known by the pseudonym “Mary Moe” in court documents, successfully appealed an order that would have forced her to have an abortion and to undergo sterilization.
Moe, who has schizophrenia and bipolar disorder, is believed to be five months pregnant. Her court-appointed lawyer, Douglas Boyer, did not return calls seeking comment.
Other news stories about sterilization by courts:
(Link): Stump v. Sparkman
- Stump v. Sparkman, 435 U.S. 349 (1978), is the leading United States Supreme Court decision on judicial immunity. It involved an Indiana judge who was sued by a young woman who had been sterilized in accordance with the judge’s order.
The Supreme Court held that the judge was immune from being sued for issuing the order because it was issued as a judicial function.
In 1971, Judge Harold D. Stump granted a mother’s petition to have a tubal ligation performed on her 15-year-old daughter, who the mother alleged was “somewhat retarded.”
The petition was granted the same day that it was filed. The judge did not hold a hearing to receive evidence or appoint a lawyer to protect the daughter’s interests.
The daughter underwent the surgery a week later, having been told that she was to have her appendix removed.
From the UK:
(Link): Judge approves man’s sterilisation in legal first
- 16 August 2013
A High Court judge has sanctioned the sterilisation of a man “in his best interests” in a landmark legal ruling.
The 36-year-old, from the Midlands, has learning difficulties and already has a son, born in 2010, with his girlfriend.
Mrs Justice Eleanor King ruled that a vasectomy could take place after hearing that another child could cause the man “psychological harm”.
Experts said he was capable of sexual consent but did not have the capacity to make decisions about contraception.
The case came to court because of undisputed evidence that the man – referred to as DE – does not have the capacity to decide whether or not to consent to sterilisation, meaning a judge had to make the decision.
The Court of Protection in London has heard that DE does not want to become a father again.
But he could not be relied upon to use condoms or other birth control methods effectively to prevent pregnancy, the court was told.
In her ruling, Mrs Justice King said DE lived with his parents but had a long-standing, loving relationship with his girlfriend PQ, who also has learning disabilities, but of a less severe nature.
The birth of the couple’s first child had had a “profound” effect on both families, and measures were taken to ensure there was no further pregnancy, including keeping the couple apart and supervising any contact between them.
The judge said the couple’s relationship “nearly broke under the strain, but remarkably weathered the storm”.
…’Re-establishing normal life’
One medical expert had regarded the “most magnetic factor” in favour of a vasectomy as DE’s desire not to have any more children.
But the judge said: “Allowing DE to resume his long-term relationship with PQ and restoring to him his lost skills and independence are as important, if not more so, when determining his best interests.”
The overall picture, she said, pointed to “re-establishing as normal a life as possible as soon as possible for DE”.
Consequently, she said it was now “lawful and in DE’s best interests” that he should undergo a vasectomy and all “reasonable and proportionate steps” should be taken to enable the operation to go ahead.
The application to allow a vasectomy had been made by the man’s local NHS trust, with the support of his parents, GP and the local authority involved in his care. None of them must be identified, by court order.
An application for the sterilisation of a man came to court in 1999 but was refused, making the new ruling the first time in England and Wales a court has sanctioned a man’s sterilisation.
Beverley Dawkins, of learning disability charity Mencap, said Britain must not return to “routine” sterilisation of people with learning disabilities seen in the past.
“We know at Mencap that very many people with learning disabilities make very good and loving parents,” she said.
A Mencap spokeswoman said “enforced sterilisations” of people with learning disabilities had been “common practice” in the UK in the 1960s.
She said this practice, carried out in long-stay hospitals, become less common in the 1970s but cases still occurred in the 1980s.
- By DAILY MAIL REPORTER
PUBLISHED: 15:49 EST, 8 December 2012
Corey Curtis, 44, owes about $90,000 in back child support and interest to the mothers of his children
Agrees with judge’s order to curb his excessive breeding as a condition of a three-year probation term
America’s most infamous baby machine, Desmond Hatchett of Tennessee, has fathered more than 20 children with 11 women
A Wisconsin father of nine who’s behind on child support payments has allegedly agreed with a judge’s order not to have any more children until he can show he can provide for them.
Corey Curtis, who fathered the children with six women, owes nearly $100,000 in back child support and interest, according to Racine County prosecutors.
In sentencing the 44-year-old father Monday in Racine County Circuit Court for failing to pay support, Judge Tim Boyle lamented that he didn’t have the authority to order sterilization for Curtis.
‘Common sense dictates you shouldn’t have kids you can’t afford,’ the judge said.
Assistant District Attorney Rebecca Sommers told the judge he did have some authority regarding Curtis’ reproduction rights. Sommers cited a 2001 Wisconsin Supreme Court ruling upholding a judge’s power to order a defendant, as a condition of probation, to not procreate again unless he can show he can financially support the child.
‘I will make that a condition of the probation,’ Boyle said immediately, sentencing Curtis to three years’ probation.
- Published February 09, 2005
ATLANTA – A Georgia judge ordered a mother of seven who pleaded guilty to killing her 5-week-old daughter to have a medical procedure to prevent her from having more children.
Carisa Ashe (search) was charged with murder and faced life in prison if convicted. After two days of trial, Ashe, 34, admitted to voluntary manslaughter.
As a condition of her sentence, she has 90 days to get a tubal ligation or prosecutors can reinstate the murder charge, Fulton County Superior Court Judge Rowland Barnes said in an order issued Tuesday.
According to prosecutors, Destiny Ashe had been shaken and hit so badly her brain swelled and hemorrhaged. She died Dec. 16, 1998.
The mother’s remaining children — ages 1 to 16 — are with relatives or in foster care, District Attorney Paul Howard said Wednesday.
“We just looked at the circumstances and said there’s got to be an end to this,” Howard said. “She’s still at an age where she could continue to have children. We thought this might be the right thing to do.”
Attorney Shannon Weathers, who represents Ashe, did not immediately return a telephone call seeking comment.
A tubal ligation is a surgical sterilization technique for women in which the fallopian tubes are closed or tied. Medicaid is covering the cost of the operation, Howard said.
Howard said that the court is leaving the decision of whether Ashe will be able to regain custody of her other children to the Division of Family and Children Services.
Though extreme, similar sentences have been imposed elsewhere in the country.
- Published: January 31, 1993
A woman who was convicted of molesting her sons has agreed to be sterilized to avoid prison, and the judge who gave her the choice has now come under criticism.
“The problem is not having more kids,” said one critic, state Representative Lois DeBerry of Memphis, an advocate for women’s issues. “It is protecting the kids she has.”
To protect the children’s identity, the names of the 26-year-old woman and her 33-year-old husband, both of whom were convicted of molesting the woman’s two sons, were not released.
The state Department of Human Services is seeking permanent custody of the couple’s five children, according to court documents, which also say that the woman comes from a “very incestuous” family. The woman gave birth to her fifth child last week.
…The husband and wife were each sentenced to 10 years in prison on Jan. 15 for molesting the boys, but Judge Lynn Brown of Criminal Court said he would give them probation if the woman consented to have a tubal ligation, in which the Fallopian tubes are cut or sealed so that eggs and sperm cannot meet. The judge’s offer did not require her husband to be sterilized.
Judge Brown said orders by other judges for the sterilization of women had been reversed on appeal. But this case was different, he said.
“If it had just been a matter of an indigent woman having a bunch of kids, I wouldn’t have ordered it,” he said. “It’s abundantly clear to me that if she has any more children, it is very likely that they would be victimized.”
Civil libertarians and women’s groups have criticized the decision on two grounds. “First, it’s clear-cut gender discrimination,” said Hedy Weinberg, executive director of the American Civil Liberties Union in Tennessee. “And second, court-ordered sterilization is unacceptable, even if it had been offered as an option to both of them.”
- Jul 2013
Doctors under contract with the California Department of Corrections and Rehabilitation sterilized nearly 150 female inmates from 2006 to 2010 without required state approvals, The Center for Investigative Reporting has found.
At least 148 women received tubal ligations in violation of prison rules during those five years – and there are perhaps 100 more dating back to the late 1990s, according to state documents and interviews.
From 1997 to 2010, the state paid doctors $147,460 to perform the procedure, according to a database of contracted medical services for state prisoners.
The women were signed up for the surgery while they were pregnant and housed at either the California Institution for Women in Corona or Valley State Prison for Women in Chowchilla, which is now a men’s prison.
Former inmates and prisoner advocates maintain that prison medical staff coerced the women, targeting those deemed likely to return to prison in the future.
Crystal Nguyen, a former Valley State Prison inmate who worked in the prison’s infirmary during 2007, said she often overheard medical staff asking inmates who had served multiple prison terms to agree to be sterilized.
….One former Valley State inmate who gave birth to a son in October 2006 said the institution’s OB-GYN, Dr. James Heinrich, repeatedly pressured her to agree to a tubal ligation.
“As soon as he found out that I had five kids, he suggested that I look into getting it done. The closer I got to my due date, the more he talked about it,” said Christina Cordero, 34, who spent two years in prison for auto theft. “He made me feel like a bad mother if I didn’t do it.”
Cordero, released in 2008 and now living in Upland, Calif., agreed, but she says, “today, I wish I would have never had it done.”
The allegations echo those made nearly a half-century ago, when forced sterilizations of prisoners, the mentally ill and the poor were commonplace in California. State lawmakers officially banned such practices in 1979.
- By DAN SLATER
Updated Sept. 25, 2008
Some old laws never quite fade away.
In a dark corner of U.S. history, a number of states ran forced-sterilization projects, in which women deemed unfit for motherhood were surgically prevented from having a child.
The country’s most esteemed legal minds blessed the programs. In 1927, the U.S. Supreme Court upheld a Virginia law that authorized sterilization for a woman who, along with her mother and child, was “feeble-minded.”
In upholding the statute, Justice Oliver Wendell Holmes concluded: “Three generations of imbeciles are enough.”
By 1935, nearly 20,000 forced eugenic sterilizations had been performed in the U.S.
… Yet in scattered cases, state regulation of reproductive rights remains a part of the legal culture — now amid very different circumstances. Just this month, for example, a judge in Texas ordered a woman, as a condition of her probation, to stop having children after her daughter was badly abused.
The order, by Judge Charlie Baird, is difficult to enforce and possibly unconstitutional.
It reflects the willingness of some judges to push the limits of punishment in ways that hark back to a time before a series of landmark Supreme Court decisions elevated individual rights.
..Similarly, the rationale behind forced sterilization is making its way back into the courts in the form of no-pregnancy orders, in small numbers and often overturned on appeal.
In 1999, after finding a mentally retarded woman guilty of neglecting a dependent, in connection with the death of her infant son, a state court in Indiana ordered her not to become pregnant as a condition of her eight-year probation.
A state appeals court struck down the no-pregnancy condition, ruling that it violated the woman’s “privacy right of procreation” and that the goal of preventing injury to a child could be served by less-restrictive means.
…It’s hard to feel much sympathy for some of the people involved in these cases. Felicia Salazar, the 20-year-old Texas woman who found herself before Judge Baird, admitted to failing to provide protection and medical care to her then-19-month-old daughter, who suffered broken bones and other injuries when she was beaten by her father.
Judge Baird sentenced the father, 25-year-old Roberto Alvarado, to 10 years in prison. Mr. Alvarado and Ms. Salazar relinquished their parental rights, and the child was placed in foster care.
Judge Baird sentenced Ms. Salazar, who had no criminal history, to 10 years of probation and ordered her not to have children during that time.
“Under Texas law, judges can impose any condition on probation so long as it’s reasonable,” Judge Baird says. Ms. Salazar “has a fundamental right to reproduce, so I couldn’t order her to be sterilized. But she can be forced to forfeit certain fundamental rights.” He adds: “I’m not even preventing her from having intimate sexual relations. I’m only preventing her from becoming pregnant.”
- CHARLESTON, W.Va. — A Charleston woman agreed in Kanawha Circuit Court Monday to a judge’s suggestion that she have her fallopian tubes tied as part of her probation.
Jessica Michelle Butterworth, 21, pleaded guilty to possession with intent to distribute marijuana on March 23. At her sentencing hearing, Judge L.D. Egnor suspended a one- to five-year prison sentence in favor of five years of probation.
A link about the same lady, I think:
- By Andrew Clevenger – Thursday, June 4 2009
A Charleston woman agreed in Kanawha Circuit Court Monday to a judge’s suggestion that she have her fallopian tubes tied as part of her probation.
Jessica Michelle Butterworth, 21, pleaded guilty to possession with intent to distribute marijuana on March 23. At her sentencing hearing, Judge L.D. Egnor suspended a one- to five-year prison sentence in favor of five years of probation.
Egnor, a retired Cabell County Circuit judge who has been hearing cases while Judge Paul Zakaib Jr. recovers from an illness, said he had made arrangements for Butterworth to have the sterilizing procedure free of charge
“[Butterworth] recognizes the need to make changes in her life in order to provide for herself and her family,” Egnor’s order reads. “After inquiring of the defendant, the Court further recognizes [her] desire to have a tubal ligation and has located a provider who will do it free of costs, with arrangements to be made in the next 30 days.”
- THE parents of a “tactile” and “affectionate” woman with Down’s syndrome have been forbidden from having her sterilised to ally their fears that she might become pregnant.
A judge at the Court of Protection in London ruled that it would be disproportionate and unnecessary to perform an invasive procedure on the 21-year-old.
The court heard that the woman, a student, who can be named only as K, does not currently have a boyfriend and had not expressed an interest in a relationship.
But her parents, described by the judge as “devoted and supportive”, had grown concerned that she could be taken advantage of.
As she had grown up she had become more aware of the opposite sex and could be “overfamiliar” with people, they said.
They had become convinced that she needed sterilisation to protect her for the future as she becomes more independent of them, Mr Justice Cobb, explained in a judgment made public on Friday,
- A senior judge has effectively banned a vulnerable young woman from having sex on the grounds that she does not understand the risks involved.
By Martin Beckford, Social Affairs Editor
03 Feb 2012
Mr Justice Hedley said the 29 year-old, who is autistic and has an IQ of 64, lacked the mental capacity to consent to having sex and so made the “very restrictive” order to protect her best interests.
He said she had previously engaged in risky behaviour with a number of people because she did not understand she could say no, and that she should be protected from “potentially exploitative and damaging” relations in future.
The order not only means she is prevented from having sex, but also means anyone who tried to have intercourse with her could be charged with sexual assault or rape.
Mr Justice Hedley said: “It is strange, but nevertheless true, that even the freedom to make unwise decisions is one that the court is required to guard and only to restrict if and when the best interests of [the woman] so require.”
- April 19, 2008
By Michael Higgins, Tribune reporter
Disability rights advocates and medical ethicists praised a precedent-setting ruling Friday by the Illinois Appellate Court denying a bid to sterilize a mentally disabled woman against her will.
The woman, identified only as K.E.J. in court records, isn’t capable of raising a child on her own, but her guardian failed to prove that sterilization would be in her best interests, a three-judge panel in Chicago ruled unanimously.
“Tubal ligation is a particularly drastic means of preventing a mentally incompetent ward from becoming pregnant,” Judge Joseph Gordon wrote in the 36-page opinion. There are “less intrusive and less psychologically harmful [birth-control] alternatives.”
The ruling was the first appellate opinion on the issue in Illinois.
“It’s extraordinarily significant” because it guarantees the disabled a court hearing, said Katie Watson, a Northwestern University professor who wrote a friend-of-the-court brief in the case on behalf of about two dozen medical ethicists.
“In the past, this was a decision that could be made between a guardian and a doctor,” she said. “The decision must be moved into the light.”
The ruling means a guardian must go through some “significant legal hoops” before a court will order sterilization, said the woman’s attorney, John Whitcomb of Equip for Equality, a disability rights group.
K.E.J., 29, suffered a brain injury as a child when she was struck by a car. As a result, she cannot be left alone to operate a stove or perform most household chores.
The woman lives with her aunt, who was appointed as her guardian in the mid-1990s. In 2003, the aunt filed a “petition for tubal ligation” in Cook County Probate Court, arguing that her niece had a bad medical reaction to other birth-control methods.
At a bench trial in 2005, K.E.J. testified that she hoped one day to have children. “I will love taking care of them,” she said. “I will love, you know, to see how they grow.”
- by Becky Bowers-Greene | 10/31/12 5:02 PM
…However, today, in Nevada, the life of an 11-week-old unborn baby and the future of his or her 32-year-old mother hang in the balance as a judge considers whether or not to order the woman to undergo an abortion and sterilization against her will.
Elisa Bauer, who suffers from severe mental and physical disabilities attributed to fetal alcohol syndrome, is currently in the final weeks of her first trimester. The second-oldest of six children adopted by William and Amy Bauer in 1992, Elisa has epilepsy and is said to have the mental and social capacity of a 6-year-old.
The circumstances surrounding her pregnancy are unknown. Her family suspects she may have been raped, but it’s possible the sexual encounter that led to her pregnancy was consensual. On several occasions, Elisa has left her group home for hours or days at a time to engage in sexual activity with men at a local truck stop.
- April 6, 1991|
By JIM Di PAOLA, Staff Writer
A mentally retarded teen-ager from Boynton Beach should not be involuntarily sterilized, a Palm Beach County circuit judge ruled on Friday.
It was the first decision of its kind in Florida.
Identified only as Jane Doe in court records, the 15-year-old girl is approaching adulthood with the mind of a 5-year-old.
Even though she suffers from seizures induced by cerebral palsy, the girl still should not be sterilized without her consent, the judge said.
The decision hit hard for the girl`s mother, who has not decided whether she will appeal. The mother wants her daughter to be sterilized because she fears the girl could be manipulated sexually and that a pregnancy could cause serious health threats.
by Dave Racher, Daily News Staff Writer
POSTED: April 08, 1994
By a 6-3 vote, the state Superior Court has cleared the way for the sterilization of a 25-year-old brain-damaged Philadelphia woman.
The woman, known as C.W., lives in a community setting most of the time and ”appears to crave physical contact with others.” But if she became pregnant, she would be subject to “life-threatening trauma,” the court said.
In 1990, Common Pleas Judge Judith J. Jamison ordered C.W. to undergo sterilization.
Last year, two of three Superior Court judges ruled against the procedure, but the lawyer for the woman’s mother persuaded the entire appeals court to hear the case.
“The trial court determined that it was in C.W.’s best interest that her mother be appointed as her guardian, with specific authority to consent to a laparoscopic tubal ligation,” Judge Phyllis W. Beck wrote in the majority opinion.
“C.W. suffers from organic brain damage and is mute,” the judge said. ”Experts agree that her mental age is in the range of a 3- to 5-year-old and that her I.Q. is in the range of 30 to a possible high of 50. Her physical disabilities, including epilepsy, cerebral palsy and scoliosis, mean that she lives in a fragile and unpredictable state.”
“When alternative medical procedures are weighed against tubal ligation, a relatively simple and extremely effective procedure, the latter emerges as the best option,” Beck said.
The woman has lived in a community living arrangement since she was 12 but spends every other weekend and holidays at her mother’s home.
Beck’s said, “The record supports the trial court finding that C.W. might be willing to engage in voluntary sexual intercourse. More than one witness testified that C.W. appears to crave physical contact with others, including strangers.”
The court says “she has no understanding of sexual or reproductive functions. As the trial judge noted, C.W. cannot identify the differences between men and women.”
- June 01, 1986|
by DAN MORAIN
Times Staff Writer
SAN JOSE — A public defender will return to court here this week to try to block the sterilization of a severely retarded woman, while the woman’s mother prepares her daughter for what would be the first state-approved sterilization in 17 years.
Deputy State Public Defender Ezra Hendon will take his case to a court of appeal in San Jose, after failing to persuade a Superior Court judge to revoke his order allowing the operation on Valerie Nieto, 30, who has Down’s Syndrome.
….Even as the appellate court considered the emotional case, Mildred Gedney was preparing to take her daughter to a hospital where doctors were going to perform a tubal ligation this week.
Gedney, who lives in Santa Clara, has cared for Valerie since birth and is her conservator. She is indignant over criticism of her difficult decision. She believes sterilization is the only birth control that will work for Valerie, and had thought her six-year legal fight to have it performed was over.
“Can these people take care of my daughter for the rest of her life?” Gedney said in an interview. “It is real easy to give advice, especially when you don’t know all the facts.”
As Gedney sees it, she has no choice but to have the operation done if Valerie, who has an IQ of 30, is ever going to live a more normal life and have relations with men.
Christians need to stop with the propaganda that carrying a baby, making a baby, and/or giving birth to one, or even raising one, makes a person more godly, giving, ethical, or special than someone who cannot or chooses not to have children.
As you can see from this long list of links, some people are simply not qualified to be parents, just because they have the biological equipment necessary to do so.