Judge Orders N.Y. Couple Not to Conceive

Saturday, May 8, 2004

(12:14 AM ET)

The Associated Press

``I don't know of any precedent that would permit a judge to do this. And even if there were a precedent, it would be blatantly unconstitutional, because it violates the United States Constitution, and the New York Constitution.''

ROCHESTER, N.Y. -- AP
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.''

Monroe County Family Court Judge Marilyn O'Connor 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,'' she ruled. ``This court believes the constitutional right to have children is overcome when society must bear the financial and everyday burden of care.''

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, O'Connor ruled.

If the couple violates O'Connor's ruling, they could be jailed for contempt of court.

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2003 © The Associated Press.

Dan