Skinner v. Oklahoma
Encyclopedia
Skinner v. State of Oklahoma, ex. rel.
Williamson, 316 U.S. 535
(1942), was the United States Supreme Court
ruling which held that compulsory sterilization
could not be imposed as a punishment for a crime, on the grounds that the relevant Oklahoma law excluded white-collar crime
s from carrying sterilization penalties.
'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."
of the Fourteenth Amendment
, because white-collar crime
s like embezzlement
were excluded from the Act's jurisdiction. Justice William O. Douglas
concluded that:
Furthermore, because of the social and biological implications of reproduction, and the irreversibility of sterilization operations, Justice Douglas also stressed that compulsory sterilization laws in general should be held to strict scrutiny
:
in the United States
. In reality however the only types of sterilization which the ruling immediately ended were punitive sterilizations—it did not directly comment on compulsory sterilization of the mentally disabled or mentally ill and was not a strict overturning of the Court's ruling in Buck v. Bell
(1927). Furthermore, most of the over 64,000 sterilizations performed in the USA under the aegis of eugenics legislation were not in prison institutions or performed on convicted criminals; punitive sterilizations made up only negligible amounts of the total operations performed, as most states and prison officials were nervous about their legal status (which were not affirmed in Buck v. Bell specifically) as possible violations of the Eighth
("cruel and unusual punishment
") or Fourteenth Amendments
("Due Process" and "Equal Protection Clause
s"). Compulsory sterilizations of the mentally disabled and mentally ill continued in the USA in significant numbers until the early 1960s. Though many of their laws stayed on the books for many years longer, the last known forced sterilization in the United States occurred in 1981 in Oregon
. Over one-third of all compulsory sterilizations in the United States (over 22,670) took place after Skinner v. Oklahoma.
The 1942 ruling did, however, create a nervous legal atmosphere regarding these other forms of sterilizations, and put a heavy damper on sterilization rates which had boomed since the Buck v. Bell ruling in 1927. After the discovery of the Nazi
atrocities done in the name of eugenics
—including the compulsory sterilization of 450,000 individuals in barely more than a decade under a sterilization law which drew heavy inspiration from American statutes—and the close association between eugenics and racism
, eugenics as an ideology lost almost all public favor.
In Equal Protection analysis, Skinner applied the compelling state interest test
to forced sterilization of males; whereas Buck applied the less rigorous rational basis test to compulsory sterilization of a female.
Ex rel
Ex rel is an abbreviation of the Latin phrase "ex relatione" meaning "by the relation of" . The term is a legal phrase most commonly used when a government brings a cause of action upon the request of a private party who has some interest in the matter. The private party is called the relator in...
Williamson, 316 U.S. 535
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1942), was the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruling which held that compulsory sterilization
Compulsory sterilization
Compulsory sterilization also known as forced sterilization programs are government policies which attempt to force people to undergo surgical sterilization...
could not be imposed as a punishment for a crime, on the grounds that the relevant Oklahoma law excluded white-collar crime
White-collar crime
Within the field of criminology, white-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" . Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was...
s from carrying sterilization penalties.
Background
Under OklahomaOklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
's Habitual Criminal Sterilization Act of 1935, the state could impose a sentence of compulsory sterilization
Compulsory sterilization
Compulsory sterilization also known as forced sterilization programs are government policies which attempt to force people to undergo surgical 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
Eugenics
Eugenics is the "applied science or the bio-social movement which advocates the use of practices aimed at improving the genetic composition of a population", usually referring to human populations. The origins of the concept of eugenics began with certain interpretations of Mendelian inheritance,...
: to try to weed out "unfit" individuals from the gene pool
Gene pool
In population genetics, a gene pool is the complete set of unique alleles in a species or population.- Description :A large gene pool indicates extensive genetic diversity, which is associated with robust populations that can survive bouts of intense selection...
. 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
Vasectomy
Vasectomy is a surgical procedure for male sterilization and/or permanent birth control. During the procedure, the vasa deferentia of a man are severed, and then tied/sealed in a manner such to prevent sperm from entering into the seminal stream...
as the method of rendering the individual infertile (which, unlike castration
Castration
Castration is any action, surgical, chemical, or otherwise, by which a male loses the functions of the testicles or a female loses the functions of the ovaries.-Humans:...
, does not affect sexual urge or function) in males, and salpingectomy
Salpingectomy
Salpingectomy refers to the surgical removal of a Fallopian tube.-Indications:The procedure was first performed by Lawson Tait in patients with a bleeding ectopic pregnancy; this procedure has since saved the lives of countless women...
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."
Majority opinion
The exception for white collar crimes is what was chiefly behind the ruling. The Court unanimously held that the Act violated the Equal Protection ClauseEqual Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, because white-collar crime
White-collar crime
Within the field of criminology, white-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" . Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was...
s like embezzlement
Embezzlement
Embezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
were excluded from the Act's jurisdiction. Justice William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
concluded that:
- Oklahoma makes no attempt to say that he who commits larceny by trespass or trick or fraud has biologically inheritable traits which he who commits embezzlement lacks. We have not the slightest basis for inferring that that line has any significance in eugenics, nor that the inheritability of criminal traits follows the neat legal distinctions which the law has marked between those two offenses. In terms of fines and imprisonment, the crimes of larceny and embezzlement rate the same under the Oklahoma code. Only when it comes to sterilization are the pains and penalties of the law different. The equal protection clause would indeed be a formula of empty words if such conspicuously artificial lines could be drawn.
Furthermore, because of the social and biological implications of reproduction, and the irreversibility of sterilization operations, Justice Douglas also stressed that compulsory sterilization laws in general should be held to strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
:
- The power to sterilize, if exercised, may have subtle, far-reaching and devastating effects. In evil or reckless hands it can cause races or types which are inimical to the dominant group to wither and disappear. There is no redemption for the individual whom the law touches. Any experiment which the State conducts is to his irreparable injury. He is forever deprived of a basic liberty. We mention these matters not to reexamine the scope of the police power of the States. We advert to them merely in emphasis of our view that strict scrutiny of the classification which a State makes in a sterilization law is essential, lest unwittingly, or otherwise, invidious discriminations are made against groups or types of individuals in violation of the constitutional guaranty of just and equal laws.
The effect of the ruling
Skinner v. Oklahoma is often erroneously credited with ending all compulsory sterilizationCompulsory sterilization
Compulsory sterilization also known as forced sterilization programs are government policies which attempt to force people to undergo surgical sterilization...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. In reality however the only types of sterilization which the ruling immediately ended were punitive sterilizations—it did not directly comment on compulsory sterilization of the mentally disabled or mentally ill and was not a strict overturning of the Court's ruling in Buck v. Bell
Buck v. Bell
Buck v. Bell, , was the United States Supreme Court ruling that upheld a statute instituting compulsory sterilization of the unfit, including the mentally retarded, "for the protection and health of the state." It was largely seen as an endorsement of negative eugenics—the attempt to improve...
(1927). Furthermore, most of the over 64,000 sterilizations performed in the USA under the aegis of eugenics legislation were not in prison institutions or performed on convicted criminals; punitive sterilizations made up only negligible amounts of the total operations performed, as most states and prison officials were nervous about their legal status (which were not affirmed in Buck v. Bell specifically) as possible violations of the Eighth
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
("cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
") or Fourteenth Amendments
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
("Due Process" and "Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
s"). Compulsory sterilizations of the mentally disabled and mentally ill continued in the USA in significant numbers until the early 1960s. Though many of their laws stayed on the books for many years longer, the last known forced sterilization in the United States occurred in 1981 in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. Over one-third of all compulsory sterilizations in the United States (over 22,670) took place after Skinner v. Oklahoma.
The 1942 ruling did, however, create a nervous legal atmosphere regarding these other forms of sterilizations, and put a heavy damper on sterilization rates which had boomed since the Buck v. Bell ruling in 1927. After the discovery of the Nazi
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
atrocities done in the name of eugenics
Eugenics
Eugenics is the "applied science or the bio-social movement which advocates the use of practices aimed at improving the genetic composition of a population", usually referring to human populations. The origins of the concept of eugenics began with certain interpretations of Mendelian inheritance,...
—including the compulsory sterilization of 450,000 individuals in barely more than a decade under a sterilization law which drew heavy inspiration from American statutes—and the close association between eugenics and racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, eugenics as an ideology lost almost all public favor.
In Equal Protection analysis, Skinner applied the compelling state interest test
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
to forced sterilization of males; whereas Buck applied the less rigorous rational basis test to compulsory sterilization of a female.
See also
- List of United States Supreme Court cases, volume 316
- EugenicsEugenicsEugenics is the "applied science or the bio-social movement which advocates the use of practices aimed at improving the genetic composition of a population", usually referring to human populations. The origins of the concept of eugenics began with certain interpretations of Mendelian inheritance,...
- Compulsory sterilizationCompulsory sterilizationCompulsory sterilization also known as forced sterilization programs are government policies which attempt to force people to undergo surgical sterilization...
- Buck v. BellBuck v. BellBuck v. Bell, , was the United States Supreme Court ruling that upheld a statute instituting compulsory sterilization of the unfit, including the mentally retarded, "for the protection and health of the state." It was largely seen as an endorsement of negative eugenics—the attempt to improve...
, 274 U.S. 200 (1927) - Stump v. SparkmanStump v. SparkmanStump v. Sparkman, 435 U.S. 349 , is the leading United States Supreme Court decision on judicial immunity. It involved an Indiana judge who was sued by a young woman whom he had ordered to be sterilized.-Facts:In 1971, Judge Harold D...
, 435 U.S. 349 (1978) - Sex-related court cases in the United StatesSex-related court cases in the United StatesThe United States Supreme Court and various U.S. state courts have decided several cases regarding pornography, sexual activity, and reproductive rights. The trend has been one of courts striking down states' attempts to regulate sex....