ase Skinner V. Oklahoma, the courts decided that “Involuntary sterilization infringes upon the fundamental rights of man to procreate and have children”. But still in this country 40 states deny a retarded person the right to marry, supposedly because mentally retarded individuals are not competent marriage partners. However, in society about one out four marriage ends in divorce and the abuse of children and spouses goes on every day. By these standards most people with normal IQ’s would not be seen as good partners or parents. The other excuse for sterilization is that the mentally retarded will give birth to more babies with developmental problems. Today even this argument holds little ground. Present knowledge indicates that most mental retardation is not genetically caused and therefore cannot be inherited by following generations (Presidents 33). Because of the stigma of mental retardation many mentally retarded couples are just learning now that they are unable to produce children. In Kendevill Indiana, at the age of 15, Linda Sparkman was sterilized unknowingly and is now suing Judge Harold D. Stump for allowing it to happen. The Judge, who insists that Mrs. Sparkman is “Severely retarded”, had not told her beforehand that she would be sterilized. He had not appointed a lawyer to look out for the girl’s interests, nor had he given her a right to object to the operation. He did not make his sterilization order public or even record it in the imposing well kept courthouse where he resides (Mann A1). This case is extremely important in that the Supreme Court is deciding to review the handing of the Sparkman cause in order to decide if there is “any conduct by a judge so egregious that the usual immunity from lawsuits provided to members of the bench should be removed” (Mann A1). Mrs. Sparkman and her husband Leo have sued Judge Stump for 3.25 million dollars claiming he has viola...
