Judge MICHAEL FOELLGER (Campbell Circuit Court, Newport, KY): As the bailiff indicated, this is Campbell Circuit Court Division Three -- which is family court.
BETTY ROLLIN: Kentucky Judge Michael Foellger has grown very tired of the 1,200 cases he hears each year of fathers who do not support their children.
Judge FOELLGER: Men were having too many children without supporting them, creating a situation where the taxpayers had to support these children. And it appeared that there was no remorse, no concern about it, just pure recklessness.ROLLIN: As a result of his frustration with these cases, the judge came up with a new, very controversial plan. Men with four or more children by three or more women who are delinquent in their child support payments are given a choice: go to jail or get a vasectomy.
Judge FOELLGER: I discovered that it was relatively harmless surgery or wasn't too dangerous; it was even reversible and fairly inexpensive. These guys were having too many children, and we are paying for it, and I decided to make it an option.
ROLLIN: So far, six men have chosen vasectomies, and only one went to jail.
Judge FOELLGER: These guys I've seen actually at some point have a smile on their face. Number one, they are getting out of jail this time. And number two, they could continue to lead the lifestyle and not have to fear having children they would have to pay for.
ROLLIN: That kind of lifestyle, sex without procreation, is exactly what the Catholic Church, for one, is against.
Reverend RICHARD BOLTE (Holy Spirit Parish, Newport, KY): You basically said to him, "Now your sexuality is recreational." And you've taken a lot of the potential meaning out of sexuality.ROLLIN: The Church teaches that sex is a sacred act, and its purpose should be procreation. Contraception of any kind is forbidden.
Rev. BOLTE: Whenever we do something that interferes with bringing life into the world, we feel that is going against what God calls us to do.
ROLLIN: Judge Foellger is a Catholic but defends his actions as a judge.
Judge FOELLGER: I would go along with my church's beliefs if I didn't have this job. I can't do what the bishops or the pope want me to do here. I have to do what the people elected me to do.
ROLLIN: And, according to a poll conducted by THE KENTUCKY POST, three out of four support the judge's actions.
Kentucky is not the only state where judges have taken unusual steps to curtail what they see as irresponsible parental behavior. The Supreme Court in Wisconsin upheld a trial judge's order that a man who has failed to support his nine children refrain from fathering a tenth. In New York, a judge ordered homeless, drug-addicted parents of four, all of whom are in foster care, to have no more children until they can care for the children they have.
SEAN TALTY (In Medina County Courtroom): I understand that I owe child support. I don't deny it.
Ms. MELLING: We've seen instances where the government has supported sterilization of individuals with mental disabilities. The government is often using its power to impose such a requirement on somebody we don't like.
ROLLIN: The judges who impose restrictions on procreation admit these are desperate measures. The question is whether the growing numbers of uncared-for children, whose parents keep having more children, warrant such measures. I'm Betty Rollin in Newport, Kentucky.
