General Discussion
In reply to the discussion: Judge orders father of 9 to stop having children until he can provide for them [View all]Yo_Mama
(8,303 posts)he's really sentencing the guy not to have sex. Yes, he can put on a condom but they are not 100% effective as bc measures. The only 100% effective measures are ones that the woman uses.
So this guy may face prison based on factors he cannot control other than simply not sleeping with any woman of childbearing age, and this I do not think can be constitutional.
There are a long line of SC cases that have set forth the doctrine that the government does not have the right to control citizen's sex lives, and this type of sentence runs counter to the doctrine that the choice of sex partners is private and the choice of whether or not to bear children is private.
I seem to be greatly in the minority, but I think this sentence is unconstitutional and should be unconstitutional.