Indiana passes first eugenic sterilization statute in the United States

March 9, 1907. The Indiana Legislature passes the first compulsory eugenic human sterilization law. Approved by Governor Hanly, the law made sterilization mandatory for criminals, idiots, rapists, and imbeciles in state custody residing in state institutions (e.g., the Fort Wayne State School for the Feeble Minded) (Laws of Indiana, 1907, ch. 215, pp. 377-78). The legislation further outlined the procedures and conditions for sterilization.

In order for a sterilization to take place, approval from a committee of experts (two surgeons) and the managing board members of the institution had to be secured. The committee needed to assess the patient and decide that there was "no probability of his or her mental improvement". If such a judgment was made, then a sterilization procedure could proceed. The legislation further outlined that surgeons were not to be compensated for the cost of performing a sterilization more than three dollars (Laws of Indiana, 1907, ch. 215, pp. 377-78).

In 1921, the Indiana Supreme Court ruled that this sterilization law was unconstitutional. The court reasoned that the law denied due process of the law granted by the Fourteenth Amendment. The case for this ruling was Williams et al. v. Smith. Several laws were passed following this legislation (1927, 1931). Each was aimed at strengthening the constitutionality of sterilization (Landman, p.55) (for more info visit: here).

A historical eugenic precedent to this law, was legislation, approved on March 9, 1905, prohibiting marriage licenses for imbeciles, epileptics, and those of unsound minds. The marriage law aimed to reduce the reproduction of people considered to be feeble-minded (Laws of Indiana, 1905, ch. 241, pp. 215-16).

The effects of this legislation, and its successors, were significant. Approximately 2500 sterilizations were carried out Indiana while sterilization legislation was active (Kaelber, 2011). Sources put the gender division near parity at 1,167 males (48%) and 1,257 females (52%). In terms of locations, it is believed that most of the sterilizations were carried out among various Indiana institutions such as the Fort Wayne State School for Feeble Minded Youth and the Jeffersonville State Reformatory (Kaelber, 2011). Out of the total sterilizations it is further estimated that 1,751 of the people were sterilized for reasons of "mentally deficiency" and 667 for "mental illness" (Kaelber, 2011).

-Luke Kersten

  • Other Indiana Hospitals for the Mentally Ill and Developmentally Disabled. (n.d.). Indiana Commission on Public Records. IN.gov. Retrieved from http://www.in.gov/icpr/2671.htm.

  • Kaelber, L. (2011). Eugenics: Compulsory Sterilization in 50 American States. Retrieved from http://www.uvm.edu/~lkaelber/eugenics/IN/IN.html.

  • Landman, J.H. (1932). Human Sterilization: The History of the Sexual Sterilization Movement. New York: MacMillan.

  • State of Indiana. (1905). Laws of the State of Indiana.

  • State of Indiana. (1907). Laws of the State of Indiana.

  • State of Indiana. (1974). Laws of the State of Indiana.

Indiana passes first eugenic sterilization statute in the United States

March 9, 1907. The Indiana Legislature passes the first compulsory eugenic human sterilization law. Approved by Governor Hanly, the law made sterilization mandatory for criminals, idiots, rapists, and imbeciles in state custody residing in state institutions (e.g., the Fort Wayne State School for the Feeble Minded) (Laws of Indiana, 1907, ch. 215, pp. 377-78). The legislation further outlined the procedures and conditions for sterilization.

In order for a sterilization to take place, approval from a committee of experts (two surgeons) and the managing board members of the institution had to be secured. The committee needed to assess the patient and decide that there was "no probability of his or her mental improvement". If such a judgment was made, then a sterilization procedure could proceed. The legislation further outlined that surgeons were not to be compensated for the cost of performing a sterilization more than three dollars (Laws of Indiana, 1907, ch. 215, pp. 377-78).

In 1921, the Indiana Supreme Court ruled that this sterilization law was unconstitutional. The court reasoned that the law denied due process of the law granted by the Fourteenth Amendment. The case for this ruling was Williams et al. v. Smith. Several laws were passed following this legislation (1927, 1931). Each was aimed at strengthening the constitutionality of sterilization (Landman, p.55) (for more info visit: here).

A historical eugenic precedent to this law, was legislation, approved on March 9, 1905, prohibiting marriage licenses for imbeciles, epileptics, and those of unsound minds. The marriage law aimed to reduce the reproduction of people considered to be feeble-minded (Laws of Indiana, 1905, ch. 241, pp. 215-16).

The effects of this legislation, and its successors, were significant. Approximately 2500 sterilizations were carried out Indiana while sterilization legislation was active (Kaelber, 2011). Sources put the gender division near parity at 1,167 males (48%) and 1,257 females (52%). In terms of locations, it is believed that most of the sterilizations were carried out among various Indiana institutions such as the Fort Wayne State School for Feeble Minded Youth and the Jeffersonville State Reformatory (Kaelber, 2011). Out of the total sterilizations it is further estimated that 1,751 of the people were sterilized for reasons of "mentally deficiency" and 667 for "mental illness" (Kaelber, 2011).

-Luke Kersten

  • Other Indiana Hospitals for the Mentally Ill and Developmentally Disabled. (n.d.). Indiana Commission on Public Records. IN.gov. Retrieved from http://www.in.gov/icpr/2671.htm.

  • Kaelber, L. (2011). Eugenics: Compulsory Sterilization in 50 American States. Retrieved from http://www.uvm.edu/~lkaelber/eugenics/IN/IN.html.

  • Landman, J.H. (1932). Human Sterilization: The History of the Sexual Sterilization Movement. New York: MacMillan.

  • State of Indiana. (1905). Laws of the State of Indiana.

  • State of Indiana. (1907). Laws of the State of Indiana.

  • State of Indiana. (1974). Laws of the State of Indiana.

Indiana passes first eugenic sterilization statute in the United States

March 9, 1907. The Indiana Legislature passes the first compulsory eugenic human sterilization law. Approved by Governor Hanly, the law made sterilization mandatory for criminals, idiots, rapists, and imbeciles in state custody residing in state institutions (e.g., the Fort Wayne State School for the Feeble Minded) (Laws of Indiana, 1907, ch. 215, pp. 377-78). The legislation further outlined the procedures and conditions for sterilization.

In order for a sterilization to take place, approval from a committee of experts (two surgeons) and the managing board members of the institution had to be secured. The committee needed to assess the patient and decide that there was "no probability of his or her mental improvement". If such a judgment was made, then a sterilization procedure could proceed. The legislation further outlined that surgeons were not to be compensated for the cost of performing a sterilization more than three dollars (Laws of Indiana, 1907, ch. 215, pp. 377-78).

In 1921, the Indiana Supreme Court ruled that this sterilization law was unconstitutional. The court reasoned that the law denied due process of the law granted by the Fourteenth Amendment. The case for this ruling was Williams et al. v. Smith. Several laws were passed following this legislation (1927, 1931). Each was aimed at strengthening the constitutionality of sterilization (Landman, p.55) (for more info visit: here).

A historical eugenic precedent to this law, was legislation, approved on March 9, 1905, prohibiting marriage licenses for imbeciles, epileptics, and those of unsound minds. The marriage law aimed to reduce the reproduction of people considered to be feeble-minded (Laws of Indiana, 1905, ch. 241, pp. 215-16).

The effects of this legislation, and its successors, were significant. Approximately 2500 sterilizations were carried out Indiana while sterilization legislation was active (Kaelber, 2011). Sources put the gender division near parity at 1,167 males (48%) and 1,257 females (52%). In terms of locations, it is believed that most of the sterilizations were carried out among various Indiana institutions such as the Fort Wayne State School for Feeble Minded Youth and the Jeffersonville State Reformatory (Kaelber, 2011). Out of the total sterilizations it is further estimated that 1,751 of the people were sterilized for reasons of "mentally deficiency" and 667 for "mental illness" (Kaelber, 2011).

-Luke Kersten

  • Other Indiana Hospitals for the Mentally Ill and Developmentally Disabled. (n.d.). Indiana Commission on Public Records. IN.gov. Retrieved from http://www.in.gov/icpr/2671.htm.

  • Kaelber, L. (2011). Eugenics: Compulsory Sterilization in 50 American States. Retrieved from http://www.uvm.edu/~lkaelber/eugenics/IN/IN.html.

  • Landman, J.H. (1932). Human Sterilization: The History of the Sexual Sterilization Movement. New York: MacMillan.

  • State of Indiana. (1905). Laws of the State of Indiana.

  • State of Indiana. (1907). Laws of the State of Indiana.

  • State of Indiana. (1974). Laws of the State of Indiana.