MEDINA, Ohio - A man found guilty of failure to meet child support obligations was sentenced Friday to not only make payments but to make “reasonable efforts” to avoid getting any women pregnant.

        Medina County Common Pleas Judge James Kimbler sentenced Sean Talty, 30, of Akron, on two counts of felony nonsupport. Mr. Talty could have been given a two-year jail term.

        Instead, Mr. Talty's probation depends on his making support payments of $75 per week and “making reasonable efforts to avoid conceiving children while he is under the supervision” of the Medina County Adult Probation Department, the judge said.

        Judge Kimbler said he considered three nonsupport cases for the restriction, and chose Mr. Talty because he has been “the most egregious” in avoiding support payments. He owes more than $30,000 in support for at least six children, according to court records.

        Joe Gorman, Mr. Talty's court-appointed lawyer, said his client would adhere to the judge's ruling but planned to appeal.

        Mr. Talty did not comment in court or afterward on the judge's sentence. Mr. Gorman said he believes the judge wants an Ohio Supreme Court test case on whether the conception restriction can be part of a sentence in a nonsupport case.

        “It violates both his (Talty's) state and federal constitutional rights,” Mr. Gorman said. “There are less restrictive means the court could utilize to assure that Mr. Talty provide for his children.”

        The American Civil Liberties Union of Ohio had filed a brief before the sentence, at the judge's invitation, and argued any sentencing imposition on Mr. Talty's ability to help conceive a child would be unconstitutional.

        “The right to procreate is a fundamental right,” said Jillian Davis, staff counsel for the ACLU.

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