Politics February 16, 2017
Today in “the government vs female reproductive rights” news, a New York judge has handed down an order literally barring a woman from getting pregnant.
A New York judge prohibits pregnancy in case involving a drug addict with other children in foster care. Image via Bravo/Giphy
The court order from Judge Patricia Gallaher – yes, this bizarre sentence comes from another woman – was in a case involving a mother-of-four, referred to in court documents as Brandy F., who has been struggling with drug addiction.
Court documents reveal that Brandy, a prostitute, had already lost custody of her four kids due to child neglect.
So, reportedly frustrated with the influx of heroin-addicted parents showing up in her court room, Judge Gallaher ruled that Brandy must regain custody of her infant son before conceiving any more children.
Having lost custody of four other children, it’s not a stretch to say that Brandy may not be the best parental guardian. But it still feels a bit icky to hear the state ruling to essentially control her uterus.
Crazy thing is, this isn’t even the first time this has happened. Another judge from Gallaher’s county ordered a homeless, drug-addicted couple in 2004 to avoid conceiving until they had brought their other seven children home from foster care. That case has since been overruled.
Even more shocking, back in 1927 the US Supreme Court held that a judge could require a “mentally handicapped” woman to undergo sterilization.
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The ruling itself was never overturned, but 20 years later the court decided that compulsory sterilization was in fact unconstitutional.
If someone is repeatedly putting children in potentially dangerous situations, it may seem wise to advise them to not conceive. But it also feels pretty “Brave New World” to actually have legislation in place trying to enforce it.
And what would happen if Brandy did get pregnant again? The judge said it was not likely that she would face jail time for not complying with the order, though she did not specify what the consequences would be.
In the meantime, Brandy’s lawyer says the judge’s decision “raises significant constitutional concerns.” He plans to appeal.
