To argue that the General Assembly was aware that this language would include surgical castration is ludicrous. I agree that the ACLU does not have standing in this case. That, however, should not decide this matter because the result of the majority's decision is to allow the castration to proceed. A Roman Catholic priest sought to appeal the death sentence on behalf of Ronald Gene Simmons. We held that he had no standing to do so, but we then went forward and reviewed the matter.
Surgical castration is also unique and irreversible.
In addition, unlike the death sentence, it is not a penalty authorized by the laws of this state. As we did in Franz , this court should state clearly what the law regarding castration is. The Supreme Court of South Carolina had a similar case in 1985. In Brown , three defendants all agreed to surgical castration in exchange for reduced prison sentences. All three waived appeals.