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CHARLES CITY, Iowa (AP) — Women's rights and civil rights groups say an Iowa judge's decision to prohibit a woman convicted of child endangerment from becoming pregnant on probation is unconstitutional.
District Court Judge James Drew issued the order for 21-year-old Stephanie Fatland of Mason City during a sentencing hearing in Floyd County District Court. A 10-year prison term was suspended, according to the Globe Gazette (http://bit.ly/1VUYts6 ).
Authorities say Fatland admitted to shaking her 5-month-old son when he would not stop crying. The boy was brought to a hospital on July 20, 2014, with bleeding in his retinas and a bulge in the soft spot of his head, which were cited in court documents as symptoms of a shaken baby.
Fatland pleaded guilty to two counts, a felony and misdemeanor. In addition to the requirement that Fatland not get pregnant, her probation also stipulates she cannot have unsupervised contact with children younger than age 5.
It isn't known if Fatland will fight the restriction, but legal experts say the pregnancy ban infringes on her rights.
"This order is unconstitutional," said Rita Bettis, legal director of the ACLU of Iowa. "Reproductive freedom, including the freedom to procreate, is a constitutional right."
Drake University Law Professor Robert Rigg said the ruling may reflect the court's desire to protect any additional children, but there are other ways to do so, such as placing children in protective custody after they're born.
Drew declined comment, saying he doesn't speak about any of his sentences or judgments.
Cases involving pregnancy bans or requirements that women use birth control are typically overturned as unconstitutional if appealed, said Kelli Garcia, of the National Women's Law Center. Fatland and attorney Susan Flander hadn't filed any petitions to contest the pregnancy ban as of Friday afternoon.
Flander did not respond to two phone messages seeking comment.
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Information from: Globe Gazette, http://www.globegazette.com/
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