The modern concept of eugenics was propounded in 1883 by Francis Galton, who also coined the name.[6] The idea first became popular in the United States and had found proponents in Europe by the start of the 20th century; 42 of the 58 research papers presented at the First International Congress of Eugenics, held in London in 1912, were from American scientists.[7]Indiana passed the first eugenics sterilization statute in 1907, but it was legally flawed. To remedy that situation, Harry Laughlin, of the Eugenics Record Office (ERO) at the Cold Spring Harbor Laboratory, designed a model eugenic law that was reviewed by legal experts. In 1924, the Commonwealth of Virginia adopted a statute authorizing the compulsory sterilization of the intellectually disabled for the purpose of eugenics, a statute closely based on Laughlin's model.[8][9]
Dr. Albert Sidney Priddy, superintendent[10] of the Virginia State Colony for Epileptics and Feebleminded, could fairly be described as a zealot of eugenics. Prior to 1924, Priddy had performed hundreds of forced sterilizations by creatively interpreting laws which allowed surgery to benefit the "physical, mental or moral" condition of the inmates at the Colony. He would operate to relieve "chronic pelvic disorder" and, in the process, sterilize the women. According to Priddy, the women he chose were "immoral" because of their "fondness for men," their reputations for "promiscuity," and their "over-sexed" and "man-crazy" tendencies. One sixteen-year-old girl was sterilized for her habit of "talking to the little boys."
Looking to determine if the new law would survive a legal challenge, on September 10, 1924, Priddy filed a petition with his board of directors to sterilize Carrie Buck. She was an 18-year-old patient at his institution who he claimed had a mental age of 9.[11] Priddy maintained that Buck represented a genetic threat to society. According to him, Buck's 52-year-old mother possessed a mental age of 8, had a record of prostitution and immorality, and had three children without good knowledge of their paternity. Carrie Buck, one of those children, had been adopted and attended school for five years, reaching the level of sixth grade.[12] However, according to Priddy, Buck eventually proved to be "incorrigible" and gave birth to an illegitimate child. Her adoptive family had her committed to the State Colony as "feeble-minded", feeling they were no longer capable of caring for her. It was later claimed that Buck's pregnancy was not caused by any "immorality" on her own part. In the summer of 1923, while her adoptive mother was away "on account of some illness," her adoptive mother's nephew allegedly raped Buck, and her later commitment has been described as an attempt by the family to save their reputation.[13][14]
Buck family
Carrie Buck was born in Charlottesville, Virginia, the first of three children born to Emma Buck; she also had a half-sister, Doris Buck, and a half-brother, Roy Smith.[15] Little is known about Emma Buck except that she was poor and married to Frederick Buck, who abandoned her early in their marriage. Emma was committed to the Virginia State Colony for Epileptics and Feebleminded after being accused of "immorality", prostitution, and having syphilis.[16]
Blood kin of Carrie Buck
After her birth, Carrie Buck was placed with foster parents, John and Alice Dobbs. She attended public school, where she was noted to be an average student.[17] When she was in sixth grade, the Dobbses removed her to have her help with housework.[17][16]
At 17, Buck became pregnant as a result of being raped by Alice Dobbs' nephew, Clarence Garland.[13][15] On January 23, 1924, the Dobbses had her committed to the Virginia Colony for Epileptics and Feebleminded on the grounds of feeblemindedness, incorrigible behavior, and promiscuity. Her commitment is said to have been due to the family's embarrassment at Buck's pregnancy from the rape incident.[16]
On March 28, 1924, she gave birth to a daughter.[17] Since Buck had been declared mentally incompetent to raise her child, the Dobbses adopted the baby and named her "Vivian Alice Elaine Dobbs". She attended Venable Public Elementary School of Charlottesville for four terms, from September 1930 until May 1932. By all accounts, Vivian was of average intelligence, far above feeblemindedness.[16]
She was a perfectly normal, quite average student, neither particularly outstanding nor much troubled. In those days before grade inflation, when C meant "good, 81–87" (as defined on her report card) rather than barely scraping by, Vivian Dobbs received A's and B's for deportment and C's for all academic subjects but mathematics (which was always difficult for her, and where she scored a D) during her first term in Grade 1A, from September 1930 to January 1931. She improved during her second term in 1B, meriting an A in deportment, C in mathematics, and B in all other academic subjects; she was placed on the honor roll in April 1931. Promoted to 2A, she had trouble during the fall term of 1931, failing mathematics and spelling but receiving A in deportment, B in reading, and C in writing and English. She was "retained in 2A" for the next term– or "left back" as we used to say, and scarcely a sign of imbecility as I remember all my buddies who suffered a similar fate. In any case, she again did well in her final term, with B in deportment, reading, and spelling, and C in writing, English, and mathematics during her last month in school. This daughter of "lewd and immoral" women excelled in deportment and performed adequately, although not brilliantly, in her academic subjects.
—Stephen Jay Gould, Natural History magazine (1984),[16] as reprinted in Gould, Stephen Jay, The Flamingo's Smile: Reflections in Natural History, New York: W. W. Norton & Company, 1985, pp. 316–317.
In June 1932, Vivian contracted measles. She died from a secondary intestinal infection, enteric colitis, at the age of 8.
Virginia's General Assembly passed the Eugenical Sterilization Act in 1924. According to American historian Paul A. Lombardo, politicians wrote the law to benefit a malpracticing doctor avoiding lawsuits from patients who had been the victims of forced sterilization.[19] Eugenicists used Buck to legitimize this law in the 1927 Supreme Court case Buck v. Bell through which they sought to gain legal permission for Virginia to sterilize Buck.[19][20]
Dr. Albert Priddy, superintendent of the Virginia State Colony for Epileptics and the Feebleminded
Carrie Buck found herself in the Colony in June 1924, shortly before her 18th birthday. Priddy quickly made the connection between Emma and Carrie, and he knew about the recently born Vivian: the board of directors issued an order for the sterilization of Buck and her guardian appealed the case to the Circuit Court of Amherst County.
In order to fully validate the law to Priddy's satisfaction, the Board's determination had to be defended in court. Thus, Irving P. Whitehead was appointed to "defend" Carrie from the Board's ruling. Whitehead was not only a close friend of Priddy, a former member of the Colony Board and, unsurprisingly, a staunch believer in forced sterilization, but also a childhood friend of Aubrey E. Strode, who drafted the 1924 Eugenical Sterilization Act.[20][21]
While the litigation was making its way through the court system, Priddy died and his successor, John Hendren Bell, took up the case.[22]
Irving Whitehead, Carrie Buck's Lawyer in the Buck v. Bell case
Throughout Carrie's trial, a succession of witnesses offered testimony that was hearsay, contentious, speculative, and simply absurd. Because Priddy and Strode felt it crucial to establish that Carrie's entire family "stock" was defective, witnesses who had never met Carrie testified to rumors and anecdotes surrounding her and her family. One of the few witnesses to testify with first-hand knowledge of Carrie, a nurse from Charlottesville who had intermittent contact with Carrie over the years, recalled that in grammar school Carrie had been caught writing notes to boys. Priddy, of course, had once sterilized a girl for that transgression. For his testimony, Priddy felt the need to point out that Carrie had a "rather badly formed face."
Whitehead failed to adequately defend Buck and counteract the prosecutors.[19] Not only did he call no witnesses, but he did not challenge the prosecution's witnesses' lack of firsthand knowledge or their dodgy scientific claims. Whitehead did not even call Carrie's teachers, who could have proven, with documented evidence, that Carrie had been an average student, including one teacher who wrote that Carrie was "very good" at "deportment and lessons." Instead, it seemed that Whitehead was often testifying against his own client, taking it for granted that she was of "low caliber." He did not challenge the claim that Carrie was illegitimate, which was false as a matter of Virginia state law because Carrie's parents were married at the time of her birth. Nor did he argue that Carrie's supposed "immorality" and Vivian's illegitimacy were due to a rape by the Dobbs' nephew, Clarence Garland.
Buck lost in the trial court, where noted Virginia eugenicist Joseph DeJarnette testified against her.[23]
Legal appeals and rulings
The case then moved to the Supreme Court of Appeals of Virginia, where Whitehead offered a 5‑page compared to the state's 40-page brief. Buck lost there too. Her only recourse was to the U.S. Supreme Court, but that was merely an illusion: even if Whitehead had put forth an effort, Carrie's case was put before a Supreme Court with at least two avowed believers in eugenics: Chief Justice (and former president) William Howard Taft and Justice Oliver Wendell Holmes Jr. In 1915, Taft had written the introduction to the book How to Live, which contained a sizable portion devoted to eugenics. As for Holmes, in 1921, he told future justice Felix Frankfurter that he had no problem "restricting propagation by the undesirables and putting to death infants that didn't pass the examination."
Buck and her guardian contended that the due process clause guarantees all adults the right to procreate which was being violated. They also made the argument that the Equal Protection Clause in the 14th Amendment was being violated since not all similarly situated people were being treated the same. The sterilization law was only for the "feeble-minded" at certain state institutions and made no mention of other state institutions or those who were not in an institution.
The legal challenge was consciously collusive, brought on behalf of the state to test the legality of the statute.[24] The cross examination and witnesses produced by Whitehead were ineffectual and allegedly a result of his alliance with Strode during the trial.[25] There was no real litigation between the prosecution and the defense, and thus the Supreme Court did not receive sufficient evidence to make a fair decision on the "friendly [law]suit."[26]
Supreme Court
On May 2, 1927, in an 8–1 decision, the U.S. Supreme Court accepted that Buck, her mother and her daughter were "feeble-minded" and "promiscuous,"[27] and that it was in the state's interest to have her sterilized. The ruling found that the Virginia Sterilization Act of 1924 did not violate the U.S. Constitution and legitimized the sterilization procedures until they were repealed in 1974.
Taft assigned the opinion to Holmes, who went at his task with a zealotry that bordered on bloodlust.[citation needed] His first draft was apparently even more brutal[citation needed] and was criticized by colleagues for substituting rhetorical flourishes about eugenics for legal analysis.[citation needed]
Some of the brethren [the other justices] are troubled about the case, especially [Justice Pierce] Butler. May I suggest that you make a little full [the explanation of] the care Virginia has taken in guarding against undue or hasty action, proven absence of danger to the patient, and other circumstances tending to lessen the shock that many feel over the remedy? The strength of the facts in three generations of course is the strongest argument.
—Chief Justice William Howard Taft, Liva Baker, The Justice from Beacon Hill (1991)
Justice Holmes in the year of his appointment to the United States Supreme Court
Justice Oliver Wendell Holmes made clear that the challenge was not upon the medical procedure involved, but on the process of the substantive law. The court was satisfied that the Virginia Sterilization Act complied with the requirements of due process, since sterilization could not occur until a proper hearing had occurred, at which the patient and a guardian could be present, and the patient had the right to appeal the decision. They also found that, since the procedure was limited to people housed in state institutions, it did not deny the patient equal protection of the law. And finally, since the Virginia Sterilization Act was not a penal statute, the Court held that it did not violate the Eighth Amendment, since it is not intended to be punitive. Citing the best interests of the state, Justice Holmes affirmed the value of a law like Virginia's in order to prevent the nation from being "swamped with incompetence." The Court accepted without evidence that Carrie and her mother were promiscuous, and that the three generations of Bucks shared the genetic trait of feeblemindedness. Thus, it was in the state's best interest to have Carrie Buck sterilized.[28] The decision was seen as a major victory for eugenicists.[24]
We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. [...] Three generations of imbeciles are enough.
—Justice Oliver Wendell Holmes, Buck v. Bell, 274 U.S. 200 (1927)[28]
According to famed eugenicist Harry H. Laughlin, whose written testimony was presented during the trial in his absence, Buck's legal defeat signaled the end of "eugenical sterilization's 'experimental period.'"[32] Following the Supreme Court ruling, over two dozen states enacted similar laws, including Oregon and the Carolinas, doubling American sterilizations from 6,000 to more than 12,000 by 1947.[32][33] Buck was sterilized on October 19, 1927, roughly five months after the Supreme Court trial verdict.[20] She became the first Virginian sterilized since the 1924 Eugenical Sterilization Act passed.[20] The Virginia sterilization law is said to have inspired Nazi Germany's 400,000 sterilizations, including those sanctioned under the 1933 Law for Protection Against Genetically Defective Offspring.[33][34]
Carrie Buck was operated upon, receiving a compulsory salpingectomy (a form of tubal ligation). She was later paroled from the institution as a domestic worker to a family in Bland, Virginia. She was an avid reader until her death in 1983. Her daughter Vivian had been pronounced "feeble minded" after a cursory examination by ERO field worker Dr. Arthur Estabrook.[8] According to his report, Vivian "showed backwardness",[8] thus the "three generations" of the majority opinion. It is worth noting that the child did very well in school for the two years that she attended (she died of complications from measles in 1932), even being listed on her school's honor roll in April 1931.[8]
Effects
John H. Bell was the superintendent at the Virginia State Colony for Epileptics and Feebleminded
The effect of Buck v. Bell was to legitimize eugenic sterilization laws in the United States as a whole. While many states already had sterilization laws on their books, their use was erratic and effects practically non-existent in every state except for California. After Buck v. Bell, dozens of states added new sterilization statutes, or updated their constitutionally non-functional ones already enacted, with statutes which more closely mirrored the Virginia statute upheld by the Court.[35]
The Virginia statute that Buck v. Bell upheld was designed in part by the eugenicist Harry H. Laughlin, superintendent of Charles Benedict Davenport's Eugenics Record Office in Cold Spring Harbor, New York. Laughlin had, a few years previously, conducted studies on the enforcement of sterilization legislation throughout the country and had concluded that the reason for their lack of use was primarily that the physicians who would order the sterilizations were afraid of prosecution by patients upon whom they operated. Laughlin saw the need to create a "Model Law"[36] that could withstand constitutional scrutiny, clearing the way for future sterilization operations. The Nazi jurists designing the German Law for the Prevention of Hereditarily Diseased Offspring based it largely on Laughlin's "Model Law", although development of that law preceded Laughlin's. Nazi Germany held Laughlin in such high regard that they arranged for him to receive an honorary doctorate from Heidelberg University in 1936. At the Subsequent Nuremberg trials after World War II, counsel for SS functionary Otto Hofmann explicitly cited Holmes's opinion in Buck v. Bell in his defense.[37]
Sterilization rates under eugenic laws in the United States climbed from 1927 until Skinner v. Oklahoma, 316 U.S. 535 (1942). While Skinner v. Oklahoma did not specifically overturn Buck v. Bell, it created enough of a legal quandary to discourage many sterilizations. By 1963, sterilization laws were almost wholly out of use, though some remained officially on the books for many years. Language referring to eugenics was removed from Virginia's sterilization law, and the current law, passed in 1988 and amended in 2013, authorizes only the voluntary sterilization of those 18 and older, after the patient has given written consent and the doctor has informed the patient of the consequences as well as alternative methods of contraception.[3][38]
Although this opinion and eugenics remain widely condemned, the decision in the case has not been formally overturned. Buck v. Bell was cited as a precedent by the opinion of the court (part VIII) in Roe v. Wade, but not in support of abortion rights. To the contrary, Justice Blackmun quoted it to justify that the constitutional right to abortion is not unlimited.[39] Blackmun claimed that the right to privacy was strong enough to prevent the state from protecting unborn life in the womb, but not strong enough to prevent a woman being sterilized against her will.
In the 1996 case of Fieger v. Thomas, the United States Court of Appeals for the Sixth Circuit both recognized and criticized Buck v. Bell by writing, "as Justice Holmes pointed out in the only part of Buck v. Bell that remains unrepudiated, a claim of a violation of the Equal Protection Clause based upon selective enforcement 'is the usual last resort of constitutional arguments'".[40] In 2001, the United States Court of Appeals for the Eighth Circuit cited Buck v. Bell to protect the constitutional rights of a woman coerced into sterilization without procedural due process.[41] The court stated that error and abuse will result if the state does not follow the procedural requirements, established by Buck v. Bell, for performing an involuntary sterilization.[41]
Madison Heights is a census-designated place (CDP) in Amherst County, Virginia, United States. The population was 10,893 at the 2020 census. It is part of the Lynchburg Metropolitan Statistical Area.
The Eugenics Board of North Carolina (EBNC) was a State Board of the U.S. state of North Carolina formed in July 1933 by the North Carolina State Legislature by the passage of House Bill 1013, entitled "An Act to Amend Chapter 34 of the Public Laws of 1929 of North Carolina Relating to the Sterilization of Persons Mentally Defective". This Bill formally repealed a 1929 law, which had been ruled as unconstitutional by the North Carolina Supreme Court earlier in the year.
The term imbecile was once used by psychiatrists to denote a category of people with moderate to severe intellectual disability, as well as a type of criminal. The word arises from the Latin word imbecillus, meaning weak, or weak-minded. It originally referred to people of the second order in a former and discarded classification of intellectual disability, with a mental age of three to seven years and an IQ of 25–50, above "idiot" and below "moron". In the obsolete medical classification, these people were said to have "moderate mental retardation" or "moderate mental subnormality" with IQ of 35–49, as they are usually capable of some degree of communication, guarding themselves against danger and performing simple mechanical tasks under supervision.
Oliver Wendell Holmes Jr. was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932. Holmes is one of the most widely cited and influential Supreme Court justices in American history, noted for his long tenure on the Court and for his pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the Court at the age of 90, an unbeaten record for oldest justice on the Supreme Court. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law School. His positions, distinctive personality, and writing style made him a popular figure, especially with American progressives.
Skinner v. State of Oklahoma, ex rel. Williamson, 316 U.S. 535 (1942), is a unanimous United States Supreme Court ruling that held that laws permitting the compulsory sterilization of criminals are unconstitutional as it violates a person's rights given under the 14th Amendment of the United States Constitution, specifically the Equal Protection Clause and the Due Process Clause. The relevant Oklahoma law applied to "habitual criminals" but excluded white-collar crimes from carrying sterilization penalties.
The term feeble-minded was used from the late 19th century in Europe, the United States and Australasia for disorders later referred to as illnesses or deficiencies of the mind.
Carrie Elizabeth Buck was the plaintiff in the United States Supreme Court case Buck v. Bell, after having been ordered to undergo compulsory sterilization for purportedly being "feeble-minded" by her foster parents after their nephew raped and impregnated her. She had given birth to an illegitimate child without the means to support it. The surgery, carried out while Buck was an inmate of the Virginia State Colony for Epileptics and Feebleminded, took place under the authority of the Sterilization Act of 1924, part of the Commonwealth of Virginia's eugenics program.
In 1924, the Virginia General Assembly enacted the Racial Integrity Act. The act reinforced racial segregation by prohibiting interracial marriage and classifying as "white" a person "who has no trace whatsoever of any blood other than Caucasian". The act, an outgrowth of eugenicist and scientific racist propaganda, was pushed by Walter Plecker, a white supremacist and eugenicist who held the post of registrar of the Virginia Bureau of Vital Statistics.
Harry Hamilton Laughlin was an American educator and eugenicist. He served as the superintendent of the Eugenics Record Office from its inception in 1910 to its closure in 1939, and was among the most active individuals influencing American eugenics policy, especially compulsory sterilization legislation.
Joseph Spencer DeJarnette was the director of Western State Hospital from 1905 to November 15, 1943. He was a vocal proponent of racial segregation and eugenics, specifically, the compulsory sterilization of the mentally ill.
Paul A. Lombardo is an American legal historian known for his work on the legacy of eugenics and sterilization in the United States. Lombardo’s foundational research corrected the historical record of the 1927 U.S. Supreme Court case of Buck v. Bell. He found Carrie Buck’s school grades and the grades of her child Vivian. He was the last person to interview her, and he discovered the pictures of all three generations of the Buck family. In 2002, he sponsored and paid for a memorial plaque that was installed in Buck’s hometown of Charlottesville, Virginia.
Eugenics, the set of beliefs and practices which aims at improving the genetic quality of the human population, played a significant role in the history and culture of the United States from the late 19th century into the mid-20th century. The cause became increasingly promoted by intellectuals of the Progressive Era.
The Virginia State Colony for the Epileptics and Feeble Minded was a state run institution for those considered to be “Feeble minded” or those with severe mental impairment. The colony opened in 1910 near Lynchburg, Virginia, in Madison Heights with the goal of isolating those with mental disabilities and other qualities deemed unfit for reproduction away from society. The colony was the home of Carrie Buck, the subject of the landmark Supreme Court case Buck v. Bell.
Aubrey Ellis Strode was an American lawyer and politician. A Democrat, he was a member of the Virginia Senate, representing the state's 19th district. He was a strong advocate for Jim Crow laws. Strode authored Virginia's sterilization law. Strode wrote the Virginia Law Review in 1925 for sterilization. Strode also represented the Virginia State Colony for Epileptics and Feebleminded in its court case for forced sterilizations of people identified as morons (feebleminded) based on eugenics arguments. Strode argued the test case for the forced Sterilization of Carrie Buck before the U.S. Supreme Court. Buck's attorney was a friend of Strode's since childhood, Irving Whitehead, who had also served on the Colony's board.
The Virginia Sterilization Act of 1924 was a U.S. state law in Virginia for the sterilization of institutionalized persons "afflicted with hereditary forms of insanity that are recurrent, idiocy, imbecility, feeble-mindedness or epilepsy”. It greatly influenced the development of eugenics in the twentieth century. The act was based on model legislation written by Harry H. Laughlin and challenged by a case that led to the United States Supreme Court decision of Buck v. Bell. The Supreme Court upheld the law as constitutional and it became a model law for sterilization laws in other states. Justice Holmes wrote that a patient may be sterilized "on complying with the very careful provisions by which the act protects the patients from possible abuse." Between 1924 and 1979, Virginia sterilized over 7,000 individuals under the act. The act was never declared unconstitutional; however, in 2001, the Virginia General Assembly passed a joint resolution apologizing for the misuse of "a respectable, 'scientific' veneer to cover activities of those who held blatantly racist views." In 2015, the Assembly agreed to compensate individuals sterilized under the act.
Sterilization law is the area of law, that concerns a person's purported right to choose or refuse reproductive sterilization and when a given government may limit it. In the United States, it is typically understood to touch on federal and state constitutional law, statutory law, administrative law, and common law. This article primarily focuses on laws concerning compulsory sterilization that have not been repealed or abrogated, i.e. are still good laws, in whole or in part, in each jurisdiction.
Minnie Lee and Mary Alice Relf are two African-American sisters who were involuntarily sterilized by tubal ligation by a federally funded family planning clinic in Montgomery, Alabama in 1973. News coverage of a class-action lawsuit filed by the Southern Poverty Law Center brought U.S. government-funded sterilization abuse to the national spotlight.
Sterilization of Latinas has been practiced in the United States on women of different Latin American identities, including those from Puerto Rico and Mexico. There is a significant history of such sterilization practices being conducted involuntarily, in a coerced or forced manner, as well as in more subtle forms such as that of constrained choice. Forced sterilization was permissible by multiple states throughout various periods in the 20th century. Issues of state sterilization have persisted as recently as September 2020. Some sources credit the practice to theories of racial eugenics.
Compulsory sterilization of disabled people in the U.S. prison system was permitted in the United States from 1907 to the 1960s, during which approximately 60,000 people were sterilized, two-thirds of these people being women. During this time, compulsory sterilization was motivated by eugenics. There is a lengthy history when it comes to compulsory sterilization in the United States and legislation allowing compulsory sterilization pertaining to developmentally disabled people, the U.S. prison system, and marginalized communities.
Albert Sidney Priddy was an American physician and politician. He served two non-consecutive terms as a member of the Virginia House of Delegates from Charlotte County. A proponent of eugenics and compulsory sterilization, Priddy was instrumental in the founding of the Virginia State Colony for Epileptics and Feebleminded and served as its first superintendent. It was in this capacity that he was named as defendant in the case Buck v. Priddy. The case was later renamed Buck v. Bell after his death in 1925 and made it to the Supreme Court of the United States.
↑ "Online Services". Central Virginia Training Center. Archived from the original on June 18, 2009. Retrieved June 23, 2009. Virginia State Colony for Epileptics and Feebleminded
1 2 Cohen, Adam (2016). Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck. New York: Penguin Press. p.24. ISBN978-1594204180.
1 2 Bruinius, Harry (2007). Better for All the World: The Secret History of Forced Sterilization and America's Quest for Racial Purity. New York: Vintage Books. ISBN978-0-375-71305-7.
↑ The court's majority opinion states that the court accepted the diagnoses of the Virginia medical personnel, not looking into whether they were correct: "Carrie Buck is a feeble-minded white woman who was committed to the State Colony above mentioned in due form. She is the daughter of a feeble-minded mother in the same institution, and the mother of an illegitimate feeble-minded child." 274 U.S. at 205
↑ Harrry Hamilton Laughlin (December 1922). "Model Eugenical Sterilization Law". Eugenical Sterilization in the United States. Psychopathic Laboratory of the Municipal Court of Chicago. Archived from the original on July 9, 2011. Retrieved April 22, 2005. Harvard website
↑ Bruinius, Harry (2007). Better for All the World: The Secret History of Forced Sterilization and America's Quest for Racial Purity. New York: Vintage Books. p.316. ISBN978-0-375-71305-7.
↑ Roe v. Wade,410U.S.113, 154(1973) ("The privacy right involved, therefore, cannot be said to be absolute. In fact, it is not clear to us that the claim asserted by some amici that one has an unlimited right to do with one's body as one pleases bears a close relationship to the right of privacy previously articulated in the Court's decisions. The Court has refused to recognize an unlimited right of this kind in the past.")
↑ Fieger v. Thomas,74F.3d740, 750(6th Cir.1996)("This claim of selective prosecution really amounts to a weak equal protection claim. And, as Justice Holmes pointed out in the only part of Buck v. Bell that remains unrepudiated, a claim of a violation of the Equal Protection Clause based upon selective enforcement 'is the usual last resort of constitutional arguments.").
1 2 Vaughn v. Ruoff,253F.3d1124, 1129(8th Cir.2001)("It is true that involuntary sterilization is not always unconstitutional if it is a narrowly tailored means to achieve a compelling government interest. See Buck v. Bell, 274 U.S. 200, 207–08, 47 S.Ct. 584, 71 L.Ed. 1000 (rejecting due process and equal protection challenges to compelled sterilization of mentally handicapped woman). It is also true that the mentally handicapped, depending on their circumstances, may be subjected to various degrees of government intrusion that would be unjustified if directed at other segments of society. See Cleburne, 473 U.S. at 442–47, 105 S.Ct. 3249; Buck, 274 U.S. at 207–08, 47 S.Ct. 584. It does not follow, however, that the State can dispense with procedural protections, coerce an individual into sterilization, and then after the fact argue that it was justified. If it did, it would invite conduct, like that alleged in this case, that is ripe for abuse and error.").
Bruinius, Harry (2007). Better for All the World: The Secret History of Forced Sterilization and America's Quest for Racial Purity. New York: Vintage Books. ISBN978-0-375-71305-7.
Leuchtenburg, William E. (1995), "Mr. Justice Holmes and Three Generations of Imbeciles", The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt, New York: Oxford, pp.3–25, ISBN978-0-19-511131-6 .
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
