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Skinner (D) was convicted of three separate crimes (stealing chickens, and two counts of armed robbery) on three separate occasions. Under an Oklahoma (P) statute, people convicted two or more times for crimes involving moral turpitude could be sterilized. The theory was that if they were sterilized, they could not give children their criminal genetic traits. To be sterilized, a court must find that the person is a habitual criminal and that sterilization would not adversely affect his health. The law did not apply to the offenses arising out of violations of prohibitory laws, revenue acts, embezzlement, or political offenses. In 1936, the Attorney General instituted proceedings against D. D, in his answer, challenged the Act as unconstitutional by reason of the Fourteenth Amendment. A jury trial was had. The court instructed the jury that the crimes of which petitioner had been convicted were felonies involving moral turpitude and that the only question for the jury was whether the operation of vasectomy could be performed on petitioner without detriment to his general health. The jury found that it could be. The judgment was affirmed by the Supreme Court of Oklahoma by a five-to-four decision. D appealed, challenging the constitutionality of the statute.

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