[Homestead] go ahead, Drew, claim women are at fault ...
tonihawr at msn.com
Thu Sep 30 10:54:38 EDT 2004
Court of Ohio Asserts Man's Right to Procreate
COLUMBUS, Ohio (Reuters) - The Ohio Supreme Court asserted a man's ''right to procreate'' on Wednesday and ruled that a father of seven could not be threatened with jail for skipping child support if he fathered more children.
Five of seven judges agreed the 2002 sentence meted out to Sean Talty was ''overbroad'' by threatening him with a year in jail if he fathered another child.
Talty, 32, has seven children by five different women and was $38,000 behind in child support payments.
''(The sentence) restricts Talty's right to procreate without providing a mechanism by which the prohibition can be lifted if the relevant conduct (providing child support) should change,'' Chief Justice Thomas Moyer wrote for the majority.
Moyer dismissed prosecutors' argument that Talty had been given a break because if he had been sent to prison on the original felony convictions for failure to pay child support for three of his children he would not have been allowed conjugal visits.
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