Editing Constitutional Liberties
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[[Buck v. Bell]] – A Virginia law provided that a person with a mental illness could be sterilized for the benefit of the person or society. Sterilization decisions were made by the mental hospital in which the person resided. The court held here that the right to reproduce is not an identified fundamental liberty interest, and thus, the sterilization is allowed. | [[Buck v. Bell]] – A Virginia law provided that a person with a mental illness could be sterilized for the benefit of the person or society. Sterilization decisions were made by the mental hospital in which the person resided. The court held here that the right to reproduce is not an identified fundamental liberty interest, and thus, the sterilization is allowed. | ||
===== | ===== Skinner v Oklahoma ===== | ||
Facts: An Oklahoma statute, the Habitual Criminal Sterilization Act, allows the forced sterilization of any habitual criminal within the state. The statute defines a habitual criminal as a person, having been convicted two or more times for crimes “amounting to felonies involving moral turpitude” either in Oklahoma Court or in a court of any other state, is thereafter convicted of such felony in Oklahoma and sentenced to prison. That person is then sterilized. | Facts: An Oklahoma statute, the Habitual Criminal Sterilization Act, allows the forced sterilization of any habitual criminal within the state. The statute defines a habitual criminal as a person, having been convicted two or more times for crimes “amounting to felonies involving moral turpitude” either in Oklahoma Court or in a court of any other state, is thereafter convicted of such felony in Oklahoma and sentenced to prison. That person is then sterilized. | ||