The Antebellum Roots of Surgical Castration and its Evolution as a Criminal Punishment: An Analysis of Louisiana's Surgical Castration Bill

Abstract

Surgical castration is a barbaric, archaic practice that has no rightful place in an American penal system or that of any state. In June 2024, Louisiana’s legislature passed Senate Bill 371 legalizing surgical castration for sex offenders whose victims are 13 years old or younger at the time of the offense. While recognizing the need for justice and punishment of sex offenders, the author delves into the historical context of physical castration and how it casts a hideous shadow over Louisiana’s new legislation.

Tracking the connection between America’s former slavery system and its current penal system, the author assesses enslaved persons’ lack of rights and severe punishments. This information is then used to analyze the constitutional protections afforded to sex offenders and how they have been ignored. Then, the author analyzes the bill’s structure and constitutionality, with a specific focus on the fundamental right to procreation established in Skinner v. Oklahoma ex rel. Williamson and the constitutional protection against cruel and unusual punishment. If Skinner is overturned to uphold Louisiana’s Surgical Castration Bill, it would have far-reaching consequences that extend beyond the interests of sex offenders and criminals and extend into the homes of law-abiding citizens.

Balancing the protection of children with the constitutional rights of sex offenders who offend against those children is an arduous battle that likely has no truly satisfying resolution for any individuals involved. However, such a balance is necessary to protect the fundamental rights of all Americans. Thus, the author provides solutions for passing more effective legislation that is both justice oriented and constitutionally sound.  

Keywords: oppression, slavery, castration, surgical castration, surgical, chemical castration, Louisiana, SB 371, Legislation, sex offender, child sex abuse