High court to review right to father kids

AKRON (AP) -- The Ohio Supreme Court will review the case of a man who was ordered by a judge to avoid fathering children for five years.
Medina County Common Pleas Judge James L. Kimbler issued the no-procreation order to Sean Talty in September 2002 as part of his sentence on a felony conviction for failing to pay support to three of his seven children.
In June, the 9th District Court of Appeals in Akron upheld Kimbler's order in a unanimous three-judge opinion stating that it was constitutional because it was related to Talty's rehabilitation.
The Supreme Court has voted 5-2 to review the case.
Talty's lawyer, University of Akron law professor J. Dean Carro, said the high court's decision was an important one with possibly momentous implications.
"In the Bill of Rights, there are certain constitutional rights that have more or less protection than other rights," Carro said. "We know that one of the most important rights, the right that gets one of the greatest levels of protection, is the right to procreate."
Kimbler placed Talty, 31, of Akron, on probation for five years and ordered him to make "reasonable efforts" to avoid conceiving any children during that period.
Two months later, Talty married his girlfriend, Vickie Lynn Kinder, in a civil ceremony.
Kinder, who accompanied Talty at his sentencing, said at the time that she did not think Kimbler's decision was fair because it took away her option of having more children. Talty had fathered two children with Kinder during their six-year relationship, she said.
Kinder and Talty are still married and have not had any more children, Carro said.