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#ForcedSterilization of #DisabledPeople Isn’t a Relic of the Past

In a majority of states, #eugenics-era laws still let doctors sterilize disabled patients against their will.

by Julia Métraux
February 27, 2025

"'In order to prevent our being swamped with incompetence,' Supreme Court Justice Oliver Wendell Holmes wrote for the majority in 1927’s Buck v. Bell, the state could—and should—'prevent those who are manifestly unfit from continuing their kind.' Forced sterilization, the court held, was not only legal but laudable.

"In 1924, 17-year-old Carrie Buck was institutionalized, having been deemed 'feebleminded' on the grounds of 'promiscuous' behavior. In reality, Buck was raped by her foster family’s nephew. Three years later, with the Court’s blessing, Virginia’s 'State Colony of Epileptics and Feeble Minded' sterilized Buck against her will. The decision, passed at the height of the 20th-century eugenics movement, has never been overturned.

"'There’s a very different standard being applied to disabled people’s autonomy.'

"To this day, 31 states and #WashingtonDC, still have laws on the books that allow for the practice—and just two, #Alaska and #NorthCarolina, have laws that fully ban the #nonconsensual #sterilization of disabled people, according to a 2022 report from the National Women’s Law Center. There’s no official account of just how many disabled people have been sterilized under those laws.

"Some of these laws aren’t even that old. In 2019, #Iowa and #Nevada passed new forced sterilization laws that applied to people under #guardianship. Both bills passed unanimously, and the end result is consistent with laws on the books in other states. There was no discourse among politicians—let alone objections—about the ethics of sterilizing disabled people without their consent.

"Sterilization and Social Justice Lab co-director and founder Alexandra Minna Stern said that early IQ tests, which sought to measure intelligence in part on the basis of class- and culture-based questions involving Beethoven’s sonatas, the early United States, and college athletics, were 'used to categorize people who would then be targeted for sterilization,' generally those who were '#marginalized or maligned in some way': in #California and the #Southwest, often #MexicanAmericans; nationwide, #Black, #Indigenous and #poorer white Americans, particularly women. The people behind the tests, Stern says, were 'white, #elite men who wanted to create a certain type of society in their own image.'

"NWLC senior counsel for health equity and justice Ma’ayan Anafi, who is also disabled, told Mother Jones that “forced sterilization laws are a really powerful example of how violations of disabled people’s bodies and rights are baked into our legal system today.”

Read more:
https://www.motherjones.com/politics/2025/02/forced-sterilization-eugenics-scotus-state-laws/
#USPol #reproductiverights #Fascism #BodilyAutomony