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July 13, 1979 - Image 13

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Michigan Daily, 1979-07-13

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The Michigan Daily-Friday, July 13, 1979-Page 13
Judge allows sterilization for retarded girl
MORRISTOWN, N.J. (AP) - The at between the high 20s and high 30s, sterilization and the parents didn't be no comment because of the nature of
parents of a severely retarded 18-year- compared to a normal measurement of show a burden of proof," Geltman said, the decision and the nature of the
old girl can have their daughter about 100. She lives at home with her "They couldn't prove that contracep- proceedings."
sterilized because she would be in- parents. tive sterilization was in her inherent Clifford Starrett, attorney for the
capable of caring for a child, a Superior Polow's 37-page decision was issued best interest. We don't think that's ap- hospital, called the opinion "excellent"
Court judge ruled yesterday. in the same courthouse that was the propriate. There are other methods of and said "the hospital will do a
Judge Bertram Polow approved the scene of the famous Karen Ann Quinlan contraception." procedure as long as it is requested by
request of Edward and Luanne Grady "right-to-die" case. The judge agreed Polow said in his decision that the the parents and no appeals are filed."
of Sparta to authorize a tubal ligation with the Gradys' arguments that the Gradys need not make public any of Despite his ruling, the judge
operation at Morristown Memorial Quinlan decision applied to their case their future actions in the case, such as cautioned that his decision "is not to be
Hospital for their daughter, Lee Ann, a insofar as it established that a family's arranging when the operation will be interpreted as authorizing parents to
victim of Down's syndrome, also known right to privacy outweighs the interests carried out. consent to the sterilization of incom-
as mongolism. of the state. "Lee Ann has the same right to petent persons ... each case must be
Officials at Morristown Memorial Nancy Geltman, New Jersey privacy as do all other persons," he decided on its own merits."
Hospital, where the operation is to be Assistant Public Advocate, whose of- wrote. "Therefore, that decision is
performed, had told the Gradys they fice entered the case to represent the protected by the same privilege as all Richard the Lionheart of England
were unwilling to proceed unless they public interest, said she had not seen matters between physician or hospital died of a battle wound in France in 1199.
were protected by a court order. the decision and could'not say whether and patient and should be arrived at Legends have romanticized him as a
TESTIMONY during hearings before her office would appeal. privately without public disclosure." paragon of chivalry, but the facts of his
Polow showed that Lee Ann Grady's in- "WE MAINTAINED the court did not IN A TELEPHONE interview, the life describe little more than a coarse
telligence quotient has been measured possess the inherent ability to order young woman's father said, "There will and often brutal soldier.

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