Skinner v. Oklahoma ex rel. Attorney General

1. Facts

1.1. Oklahoma's Habitual Criminal Sterilization Act of 1935

1.1.1. States that Oklahoma can impose a compulsory sterilization to those who have committed 3 or more felonies

1.2. Skinner is a criminal scheduled for vasectomy due to 1 count of chicken-stealing and 2 counts of armed robbery

1.3. Skinner sues the state due to violation of basic rights

2. Issue

2.1. Is sterilization legal?

2.2. Is criminality hereditary?

2.2.1. There is no evidence that support this claim

2.3. Does the Act violate the Equal Protection Clause of the 14th Amendment?

3. Rule of Law

3.1. Eighth Amendment: Protection against cruel and unusual punishment

3.2. Fourteenth Amendment: Due process and

4. Application

4.1. This law essentially enabled the state of Oklahoma to practice eugenics.

4.2. Compulsory sterilizations continued in the US until the early 1960s

5. Conclusion

5.1. Eugenics may be disguised as many different forms of legal battles and law enforcement punishment

5.2. The 1942 ruling did not directly ban sterilization, but the ruling reduced the number of sterilizations performed due to hesitation

5.3. In 2002, it was decided that the right to procreate was limited to those released from jail time.