Ohio Supreme Court Overturns Judges Order to Avoid Having Children

An AP wire on Findlaw refers to the Ohio Supreme Court's 5-2 ruling in State v. Talty (Webcite: 2004 Ohio 4888) that vacated the order of the trial court. The order, affirmed by the Ohio Ninth District Court of Appeals, imposed a condition on Talty to "make all reasonable efforts to avoid conceiving another child" during his 5 year probation. He was on trial for violation of nonsupport. The Supreme Court found the restriction overbroad (and discussed similar restrictions that were found acceptable in Wisconsin) but did not discuss the level of review - the defendant thought it should be "strict scrutiny" - as part of its decision.