Norplant: the new scarlet letter?

[W]hat is it but to laugh in the faces of our godly magistrates, and make a pride out of what they, worthy gentlemen, meant for a punishment?1 Hester Prynne lived in the eighteenth century in an early New England, Puritan colony and is a character of Nathaniel Hawthorne's classic Ameri-can novel, The Scarlet Letter. 2 Darlene Johnson was born in 1964 and presently lives in California.' Except for the decision of Judge Howard Broadman, 4 these two women would have nothing in common. However, when Judge Broadman ordered Darlene Johnson to undergo the implanta-tion of Norplant 5 to effectuate sterilization, 6 the two women then shared a common bond: for the crime they each committed, both were sentenced, in effect, to shame. Hester's crime was adultery; Darlene's crime was child abuse." What is ironic is that in an age when criminals were chained to the legal arguments presented in this essay are not necessarily indicative of the author's moral disposition regarding the use of Norplant. 5. See infra notes 21-30 and accompanying text. 6. Technically, an argument may be made that the use of Norplant is not the equivalent of sterilization since the effects of Norplant are completely reversible with the simple removal of the implantation. (distinguishing between sterilization and birth control). Rather, Norplant should be considered a form of birth control since fertility is resumed with the first menstrual cycle subsequent to removal of the tubes. For example, the Delaware Code defines sterilization as "any surgical or medical procedure intended to render a person permanently unable to procreate." DEL. CODE ANN. (emphasis added). Because Norplant does not render the individual permanently incapable of procreation, its use would not qualify as sterilization under this state statute. For purposes of this Essay, however, sterilization and Norplant are recognized as substantially similar in their effectiveness as forms of birth control. 7. Darlene Johnson pleaded guilty to charges of child abuse after beating her children stocks and burned at the stake, Hester Prynne was sentenced to wear the embroidered letter "A" on her bosom while in an age when privacy rights are a fundamental element of societal integrity, Darlene Johnson was sentenced to be physically prevented from conceiving children.' Perhaps to Judge Broadman, the irony was not so apparent and the sentence of Hester Prynne was not so unusual. 9 In fact, Judge Broadman has sentenced criminals to wear articles of clothing on …