Judge Tim Boyle of Racine County said he was disappointed he didn’t have the legal power to force the man to be sterilized and the prosecutor told Judge Boyle he did have the ability to restrict Curtis from having additional children, unless he could show ability to pay, as a condition of probation. Boyle agreed with adding the condition to the probation.

“It’s too bad the court doesn’t have the authority to sterilize,” Racine County Circuit Court Judge Tim Boyle said at a hearing.

The prosecutor cited a 2001 case that was appealed to the U.S. Supreme Court. In that case, a 2001 Wisconsin Supreme Court ruling found that a judge could order people not to procreate unless they keep up to date on support payments.