I personally have always had a problem with authority. Anyone who knows me very well can vouch for that. I do not quite know if it is the authority figure or the sense of power they have over me. Regardless I was never a fan of being told what to do. I consider myself to be very independent and responsible when it comes to my decisions. That is why this story baffled me! Imagine a court ordering you to stop having children. What happened to our right of “Life, liberty and the pursuit of happiness?!”
Father of four, Asim Taylor, was ordered by Lorain County Probate Judge, James Walther, to stop reproducing while on a five year probation or face jail time. Taylor has been put on probation for failing to pay child support for his existing children. Walther ordered Taylor to pay nearly $100,000 in back child support and to refrain from reproducing until the debt is paid, and he is off probation.
The radical 2013 decision, just last week, was upheld by the 9th District Court of Appeals. Judge Walther seemed ecstatic about the support because that now allows him to make the same verdict in cases similar to Taylor’s.
Doug Merrill, Taylor’s attorney, filed an appeal challenging the ruling, saying Walther’s condition that Taylor does not reproduce is “overboard” and that it violates his due process, and equal protection guaranteed by the Fourteenth Amendment and right to privacy under the Ninth Amendment.
Merrill went on to say, “The court is now stepping into [Taylor’s] bedroom.” Merrill claims the court is essentially forbidding Taylor to have sex; that is a punishment completely unrelated to the crime of not paying child support.
I spoke with attorney, Kenneth Del Vecchio, about the case to answer so many lingering questions. Was this ruling even legal in the United States? Is there a chance Taylor can get this overturned? Del Vecchio was very passionate about the case as any person would be. These are a person’s natural born rights we are talking about here.
Del Vecchio agreed with Merrill’s argument adding, “Additionally, it flies in the face of the alleged right to privacy provision that the U.S. Supreme Court has defined. A person can legally kill an unborn child via abortion, but a man is prohibited from conceiving a child? Something is legally backwards with this ruling, and morally abhorrent. Ordering a person to not reproduce or to otherwise refrain from consensual sexual relations is not only a gross misuse of judicial powers, but is the type of illicit conduct that is found in an unholy dictatorship. Judge James Walther who handed down this order is the perfect combination of an idiot and a tyrant. Judge Carla Moore and the other Ohio Appeals Court judges who upheld it are legal mental midgets.”
Well, there you have it; Del Vecchio did not sugar-coat it for you. So you tell me, do you agree with this ruling?