Sanders pointed out two cases that Herrera could use to defend himself from an overreaching probation condition. One case out of Texas that went to the Supreme Court protected the rights of all citizens to engage in sexual activity in private with another consenting adult.

The other case, from Oklahoma, protected the general right to procreate after the state tried sterilizing criminals.

“There, the court said there is a right to procreate,” Sanders said. “In this particular situation, we seem to have an order infringing on (Herrera’s) right to procreate. A court can’t dictate how he decides to procreate.”

Sanders said she’s never seen a ban on sex as part of a probation requirement, calling it “bizarre” and saying it would also raise Fourth Amendment issues.

“Probationers already give up a lot, especially in terms of law enforcement monitoring,” Sanders said. “But how would you even enforce this? It seems to be quite intrusive if they can just bust into his bedroom to make sure he’s not getting it on.”