The purpose of this article is to explore the reliance on gender to promote the employment opportunities of women and to establish a woman's greater expectation of privacy within the correctional system.
Creator
Jurado, Rebecca
No new babies?'
Creator
Roth, Rachel
No new babies?'
This article examines conflicts over the rights of prisoners and probationers to have sex or to procreate. While most of the literature focuses on judicial interference with women’s rights to have children, two recent cases have put men’s rights in the spotlight: Gerber v. Hickman, which addresses whether men in prison retain the right to procreate, and Oakley v. Wisconsin, which addresses whether men convicted of failing to pay child support lose their right to procreate. Both argues that regardless of whether courts uphold or restrict men’s rights in these cases, the way courts frame their decisions has negative implications for women. By addressing cases concerning both men and women from 1967-2002, this article will contribute to a more thorough understanding of reproductive control in the criminal justice system, its significance for gender equality, and the right of all people, regardless of wealth, to have families.