U.S. District Court: MARRIAGE FAMILY.
Gerber v. Hickman 103 F.Supp.2d 1214 (E.D.Cal. 2000). A state prisoner serving 100 years to life brought a [sections]1983 action against a warden, alleging violation of his constitutional right to procreate by refusing to allow him to artificially inseminate his wife. The district court dismissed the case. The court held that the prisoner did not have a right to procreate through artificial insemination while incarcerated, nor to have conjugal visits. The court found that male inmates were not similarly situated to female inmates with respect to the decision to terminate a pregnancy and therefore the warden's refusal to allow male inmates to engage in artificial insemination while not requiring female inmates to terminate their pregnancies did not violate equal protection. (Mule Creek State Prison, California)