Sterilization in Exchange for Jailhouse Leniency?
The American Civil Liberties Union of Tennessee called the order unconstitutional, saying judges should not play a role in a person's ability to procreate.
August 10, 2017 at 08:15 PM
8 minute read
It was recently reported that Judge Sam Benningfield, a judge in central Tennessee, issued a standing order that inmates can receive 30 days' credit toward their jail time if they volunteer for vasectomies or contraceptive implants. He explains that he is hoping to help repeat offenders “make something of themselves” by offering them this deal. He said he wanted to break a “vicious cycle” of drug offenders passing through his courtroom who couldn't find jobs or afford child support. “I hope to encourage them to take personal responsibility and give them a chance, when they do get out, to not to be burdened with children,” he said. “This gives them a chance to get on their feet and make something of themselves.”
The reduced jail time in exchange for sterilization operations was issued in May, and already dozens of inmates have sought to take advantage of it. Thus far, 32 women have received implants of the hormone device Nexplanon, (the brand name for an etonogestrel birth control device about the size of a matchstick that is implanted in a woman's arm, providing 99 percent effective contraception for up to four years) and 38 men have signed up to receive vasectomies. The procedures are reportedly being performed free by the Tennessee Department of Health. Inmates in White County were also reportedly offered a two-day credit on their sentence if they completed a neonatal class designed to educate them about the dangers of having children while using drugs.
The American Civil Liberties Union of Tennessee called the order unconstitutional, saying judges should not play a role in a person's ability to procreate. “Offering a so-called 'choice' between jail time and coerced contraception or sterilization is unconstitutional,” Hedy Weinberg, the organization's executive director, said in a statement Thursday. “Such a choice violates the fundamental constitutional right to reproductive autonomy and bodily integrity by interfering with the intimate decision of whether and when to have a child, imposing an intrusive medical procedure on individuals who are not in a position to reject it.”
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