White County General Sessions Judge Sam Benningfield has rescinded his standing order offering a 30-day reduction in jail time to for inmates who receive vasectomies or long-term birth control implants.
Tennessee ACLU Executive Director Hedy Weinberg said she was pleased that Benningfield chose to rescind the controversial order.
“The Constitution protects people’s right to choose whether and when to procreate. The judge’s initial order undermined this constitutional protection because it amounted to the government coercing people not to procreate. Though the program was technically ‘voluntary,’ spending even a few days in jail can lead to the loss of jobs, child custody, housing and vehicles. To the individual faced with these collateral consequences of time spent behind bars, a choice between sterilization or contraception and a reduced jail sentence is not much of a choice at all. The judge’s order crossed a constitutional line and we are pleased that he rescinded it.”