Skinner V. Oklahoma - Background

Background

Under Oklahoma's Habitual Criminal Sterilization Act of 1935, the state could impose a sentence of compulsory sterilization as part of their judgment against individuals who had been convicted two or more times of crimes "amounting to felonies involving moral turpitude". The defendant, Jack T. Skinner, had been convicted once for chicken-stealing and twice for armed robbery.

The motivation behind the law was primarily eugenic: to try to weed out "unfit" individuals from the gene pool. Criminal sterilization laws like the one in Oklahoma were designed to target "criminality," believed by some at the time to possibly be a hereditary trait. Most punitive sterilization laws, including the Oklahoma statute, prescribed vasectomy as the method of rendering the individual infertile (which, unlike castration, does not affect sexual urge or function) in males, and salpingectomy in females (a relatively invasive operation, requiring heavy sedation, and hence with more risks to personal well-being).

In section 195 of the act, it was specifically outlined that "offenses arising out of the violation of the prohibitory laws, revenue acts, embezzlement, or political offenses, shall not come or be considered within the terms of this Act."

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