Skinner v. Oklahoma (1942) Right to Procreate
Holding: SC said Sterilization Act unconstitutional. Court said that “sterilization of those who have thrice committed grand larceny, with immunity for those who are embezzlers, is a clear, pointed, unmistakable discrimination.”
Note: Didn’t expressly overturn Buck, but did so by implication.
Facts: OK has a Habitual Criminal Sterilization Act which says that if someone is a habitual criminal then they will be rendered sexually sterile. A habitual criminal is someone who has been convicted two + times for crimes “amounting to felonies involving moral turpitude”. Skinner convicted 2 times for robbery and once for stealing chickens.
Holding: SC said Sterilization Act unconstitutional. Court said that “sterilization of those who have thrice committed grand larceny, with immunity for those who are embezzlers, is a clear, pointed, unmistakable discrimination.”
Note: Didn’t expressly overturn Buck, but did so by implication.
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