1907 Indiana Eugenics Law

In 1907, influenced by the eugenics movement, Indiana became the first state in the United States to adopt a law authorizing the sterilization (surgical procedure) of institutionalized persons thought to be unfit to reproduce. Frank Hanly signed the law, but Hanly's successor, Thomas R. Marshall, blocked its use. Julius Paul, '"Three Generations of Imbeciles Are Enough": State Eugenic Sterilization Laws in American Thought and Practice', unpublished manuscript. Washington, D.C.: Walter Reed Army Institute of Research, 1965, p. 343. Full text at In 1921, the Indiana Supreme Court found the law constitutionality.'Williams v. Smith', 131 NE 2 (Ind.), 1921.
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CHAPTER 215.

AN ACT entitled an act to prevent procreation of confirmed criminals,
idiots, imbeciles and rapists; providing that superintendents and
boards of managers of institutions where such persons are confined
shall have the authority and are empowered to appoint a committee
of experts, consisting of two (2) physicians, to examine into the mental
condition of such inmates.

[H. 364. Approved March 9, 1907.]

"Preamble."
Whereas, Heredity plays a most important part in the trans-
mission of crime, idiocy and imbecility;

"Penal Institutions—Surgical Operations."
Therefore, Be it enacted by the general assembly of the
State of Indiana, That on and after the passage of this act
it shall be compulsory for each and every institution in the
state, entrusted with the care of confirmed criminals, idiots,
rapists and imbeciles, to appoint upon its staff, in addition
to the regular institutional physician, two (2) skilled surgeons
of recognized ability, whose duty it shall be, in conjunction
with the chief physician of the institution, to examine
the mental and physical condition of such inmates as
are recommended by the institutional physician and board
of managers. If, in the judgment of this committee of experts
and the board of managers, procreation is inadvisable
and there is no probability of improvement of the mental
condition of the inmate, it shall be lawful for the surgeons
to perform such operation for the prevention of procreation
as shall be decided safest and most effective. But this operation
shall not be performed except in cases that have
been pronounced unimprovable: 'Provided,' That in no case
shall the consultation fee be more than three ($3.00) dollars
to each expert, to be paid out of the funds appropriated for
the maintenance of such institution.'Acts 1907, Laws of the State of Indiana, Passed at the Sixty-Fifth Regular Session of the General Assembly', Indianapolis: William B. Burford, Publisher (1907) pp. 377-378. Facsimile at .



==Notes==






Category: 1907 works