Texas Wesleyan Law Review


Kellie Brady

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This Comment focuses on the ability of a judge to limit the fundamental rights of a probationer through the imposition of probation conditions; more specifically, the ability of judges to limit the fundamental right to procreate. Although courts across the nation are split on the issue, Texas courts could have addressed this as recently as September 2008 when Salazar's case came before the Travis County court. But, with no objection, and consequently no appeal, the trial court's order will stand as issued. This Comment will start with a brief history-the history behind the fundamental right to procreate and the history of probation throughout the country, first looking at the federal system and then the state systems in general. This Comment continues by examining how the courts across the nation have treated the issue of limiting the fundamental right to procreate. Because Texas has no established precedent examining the constitutionality of conditions of probation that limit the right to procreate, cases that limit other fundamental rights will be examined to see if a natural analogy can be made. Finally, this Comment will conclude with an analysis of how Texas courts should treat the issue when faced with it in the future. And realistically, they will definitely have that opportunity.



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