Court Upholds Limit on Deadbeat Dad

M A D I S O N, Wis., July 11 -- The state Supreme Court, splitting alonggender lines, has ruled that a man who owes $25,000 in childsupport can be ordered not to father any more children while he'son probation.

In 1999, David Oakley, the 34-year-old father of nine, wasplaced on probation for five years by a county circuit judge andordered not to father more children, unless he showed means tosupport them all. He faced eight years in prison if he failed tocomply.

On Tuesday, the Supreme Court's four male justices upheld theban.

"Here is a man who has shown himself time and again to betotally and completely irresponsible," wrote Justice WilliamBablitch for the majority. "It is overwhelmingly obvious that anychild he fathers in the future is doomed to a future of neglect,abuse, or worse."

The three female justices disagreed, saying that having childrenis a basic human right guaranteed by the Constitution.

The high court is the first in the nation to declare such a banlegal, even though it would be difficult to enforce and could endup coercing women into having abortions, Justice Ann Walsh Bradleywrote.

"It places the woman in an untenable position: have an abortionor be responsible for Oakley going to prison for eight years,"Bradley wrote.

Oakley has nine children by four women — sons ages 4, 5, 10 and12, and daughters ages 3, 12, 16 and two who are 13. In his appeal,he argued the ban violated his constitutional right; a federalappeals court ruled against him earlier.

Prosecutor Thomas Balistreri said the ruling applies only topeople like Oakley who refuse to pay child support, not to thosewho cannot pay.

"It's not a crime to be unable to afford to pay childsupport," he said.

Oakley's lawyer, Timothy Kay, said in a statement the decisioncould open a "Pandora's Box" if it is expanded to other childsupport cases.

Julie Sternberg, of the American Civil Liberties UnionReproductive Freedom Project, agreed that the decision could set aprecedent in Wisconsin and subvert the rights of fathers who cannotpay child support.