Strollerderby

Texas Judge Orders Woman to Stop Bearing Children

Posted by JeanneSager

It's not government enforced sterilization, but it's pretty darn close. And I'd like to shake the hand of the Austin, Texas judge who told 20-year-old Felicia Salazar to keep her legs shut. At least he's trying.

Judge Charlie Baird has ordered the end to childbearing as a stipulation of the Texas mother's 10-year probation sentence on charges of injury to a child by omission. Her boyfriend, Roberto Alvarado, 25, has been sentenced to 15 years in prison for beating the couple's then-19-month-old daughter last year. At the time, Salazar did nothing to protect the litte girl, nor did she seek medical treatment for her daughter's injuries.

Both parents have severed their rights to their daughter, who has been in foster care since being discharged from the hospital. The Texas legal community, meanwhile has been debating the constitutionality of Baird's order. If Salazar were sentenced to 10 years in prison, they say, she would naturally be kept from getting pregnant by the nature of confinement. But Baird didn't sentence her to prison. He's given her probation - outside with the general public - and added this as a condition. Texas judges are permitted by law to append probationary sentences, although there's no precedent for this sort of condition. There is, however, a Wisconsin case upheld by that state's Supreme Court, in which a father of nine was ordered to stop spreading his seed after intentionally failing to pay child support. That too was a condition of his probation.

Salazar's attorney is still debating the options, but I'd tell him to quit while he's ahead. Could the case be overturned? Maybe. But his client apparently doesn't know how to be a parent, why give her a chance to screw up again?

Source: Austin American-Statesman

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Comments

 

s said:

And will the judge order the state to pay for her birth control? And why is a woman in a clearly abusive relationship being told not to have children instead of being mandated to have therapy for the issues she clearly has relating to said abusive relationship (issues that probably prevented her from caring for her daughter). It seems courts (and Strollerderby bloggers) are quick to think that telling someone not to have kids is the ultimate solution for abuse. Please.

September 25, 2008 1:05 PM
 

Jessie said:

"But his client apparently doesn't know how to be a parent, why give her a chance to screw up again?"

Because it's a violation of her civil and human rights to deny her control over her own reproductive choices. What's next? Forced abortion if your current kids are brats? Sorry, you drove your kid down the street and forgot to buckle the carseat. No more children for you!

The first time I see a judge tell a GUY he can't have any more kids because he's a major f**k up, then we can start talking about the constitutional issues this kind of ruling brings up. But for now, I'm just going to remain horrified at the societal attitudes that allow people like you to say that this kind of judicial control over a woman's body is okay.

Sure, we've all met people who we think shouldn't have had kids (and I'm sure people have met ME who think I should have refrained from breeding), but the government has NO right to order a woman to not have babies.

September 25, 2008 1:23 PM
 

babysinblack said:

I don't think she should have any more children, but it's a slippery slope when the judicial system can intervene so directly in matters relating to reproduction. Much like hate speech is still free speech and still protected no matter how awful, this woman's womb is her business, and that right needs to stay out of the courtroom.

September 25, 2008 1:27 PM
 

troll said:

 If she was really and truly remorseful then she would offer to get sterilized.  Unfortunately most people will say "I'm so sorry" without the actions to back it up.  She should put her womb where her mouth is.

September 25, 2008 2:03 PM
 

Larissa said:

I'm sorry I fail to see the logic in trolls statement, "if she were truly remorseful then she woudl offer to get sterilized".  Saying that she is sorry for what happened in the past is totally different from deciding whether or not she can do better in the future.

What if she has a birth control failure, is the judge going to order her to have an abortion?  What if she is assaulted or is lied to by a partner who says he had a vasectomy or couldn't have kids.

The ways in which this is ridiculous and oppressive are almost too many to count.

September 25, 2008 2:14 PM
 

Maria said:

This is a very slippery slope.First it's this woman, then it's someone who use drugs during a pregnancy, then it's someone who is mentally diasbled.

The courts should never have a say in a woman's reproductive rights.

September 25, 2008 3:42 PM
 

leahsmom said:

I'm with Maria - I am uncomfortable with any legal authority - especially a male one, I might add - making decisions about a woman's body (which is, after all, one way you can describe rape, to put an inflammatory point on it)if that woman is capable of making decisions for herself (and is not too mentally disabled to do so, for example).  Unwanted and abused children are something we none of us want.  I realize that this is a risk of my position. But I cannot say that I endorse the judge being able to have this kind of power.

September 25, 2008 4:06 PM
 

Manjari said:

I understand what everyone's saying here about the slippery slope of courts getting involved in reproductive rights. In that case, I think she should have just done jail time. I don't see how there is any excuse for her to allow her child to be abused or for failing to take her to a doctor. Unless there is specific information I missed about her being abused/controlled by the boyfriend too, she absolutely shares the blame for what happened to that poor child.

September 25, 2008 4:30 PM
 

troll said:

 As a mother it's my goal to do everything I can within reason to protect my child.  Isn't that what mothers do?  Protect your children?  If you've proven that not only could you not protect your child from the outside world, that you invited that danger into your home, doesn't that kind of say "Maybe there's something in my personality that can't be the very best mother that I could be.  Maybe I shouldn't have another child to prove that I can be a good mother.".  Unfortunately some women are too damaged to bring children into this world and it's not up to me or the court system to decide that.  It should be up to the woman.  Like I said, she's an adult and if she really felt remorse, then she shouldn't even take a chance on another child.  

September 25, 2008 4:55 PM
 

momma said:

Honestly I think there are some people that should be forced to be on birth control//

September 26, 2008 11:33 AM
 

Maeby said:

i think the government should pay for a womans tubal ligation if she doesnt want anymore children. i mean in a lot of cases it'll cut down costs of welfare checks and food stamps. cut down on court costs in cases like these as well. Let's do it for animals too! (SERIOUSLY)LET'S JUST DO IT AND STFU!

September 27, 2008 12:05 AM
 

Jim said:

The real issue with child support is that it's proportional to a man's wealth. If we want every parents support their child, just get rid all of government's social program and soon women will choose richer males that can afford thousands of kids they're unlikely to support them.

October 14, 2008 7:18 AM

About JeanneSager

Jeanne Sager is a writer who lives in upstate New York with her husband, daughter, a dog and too many cats. She refuses to believe motherhood comes with pumpkin appliqued sweaters, and she';s not ready to apologize for having only one child. She writes about raising her kid in her own hometown and the mom stuff she's not embarrassed to own at her blog, Inside Out (http://jeannesager.blogspot.com), she's contributing editor of Grand Magazine, and she's a regular essayist here on Babble

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