Cameron Miranda
The history of sterilization laws is a complex and often dark chapter in the history of many nations. The United States was the first country to implement compulsory sterilization programs for eugenics purposes during the Progressive Era (c. 1890 to 1920). Indiana was the first state to pass such a law in 1907, and thirty other states would soon follow suit. While the Indiana Supreme Court overturned the law in 1921, the US Supreme Court upheld sterilization laws in 1927. California led the country in the number of sterilization procedures, with approximately 20,000 sterilizations taking place in state institutions. The coerced sterilization of women of color and individuals with disabilities has also been a tragic consequence of sterilization laws in the US and other countries. Today, while sterilization laws have been made illegal in much of the world, instances of forced or coerced sterilizations still persist, highlighting the ongoing struggle for reproductive rights and justice.
| Characteristics | Values |
|---|---|
| First country to have sterilization laws | The United States |
| First state to pass sterilization law | Indiana, in 1907 |
| First eugenics law | Passed in Connecticut in 1895 |
| Targeted groups | Intellectually disabled people, the mentally ill, the deaf, the blind, people with epilepsy, people of color, and women |
| Number of states with eugenic sterilization laws by 1913 | 32 |
| Number of forced sterilizations in the US under eugenics laws | 64,000+ |
| US Supreme Court decision on forced sterilization | Upheld the state's right to forcibly sterilize in 1927 (Buck v. Bell) |
| Number of forced sterilizations due to Buck v. Bell | 70,000 |
| Nazi Germany's inspiration | US sterilization laws and eugenics |
| Number of sterilizations under Nazi Germany's Law for the Prevention of Offspring with Hereditary Diseases | 400,000 |
| Recent instances of forced sterilization | Romani women in the Czech Republic (2007), women in California prisons (1997-2010) |
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What You'll Learn
- The US was the first country to implement sterilisation laws for eugenics
- California led the country in sterilisation procedures, often without consent
- Indiana passed the first eugenics-based compulsory sterilisation law in 1907
- Sweden had a four-decade policy of forced sterilisation
- Iceland banned nonconsensual sterilisation in 2019
The US was the first country to implement sterilisation laws for eugenics
During the Progressive Era (c. 1890 to 1920), the United States was the first country to implement sterilisation laws for eugenics. In 1907, Indiana enacted the first eugenic sterilisation law, and by the late 1920s, about two dozen American states had followed suit, targeting primarily institutionalised, mentally disabled women. The US Supreme Court upheld such laws in 1927, and by the late 1930s, proponents rationalised involuntary sterilisation as protecting vulnerable women from unwanted pregnancy.
The eugenics movement in the US was driven by economic arguments and was a central element of Progressivism, alongside minimum wage laws, restricted immigration, and the introduction of pension programs. Eugenicists argued that a range of mental and physical handicaps, such as blindness, deafness, and mental illness, were largely hereditary, and that these scientific hypotheses could be used as the basis for social engineering across policy areas such as family planning, education, and immigration.
By World War II, programs in the United States had sterilised approximately 60,000 people, with California sterilising more people than all the other states combined by 1929. The US served as an inspiration for Nazi Germany's racial policies, which resulted in the sterilisation of over 400,000 individuals by the end of World War II.
While eugenic sterilisation programs in the US declined after World War II due to the horrific revelations about Nazi eugenics, the practice continued in some states. In 1978, the federal government enacted a law requiring waiting periods and specific consent forms for women receiving federal assistance for sterilisation, aiming to curtail involuntary sterilisation among disenfranchised populations.
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California led the country in sterilisation procedures, often without consent
The United States was the first country to undertake compulsory sterilisation programs, with Indiana enacting the first eugenic sterilisation law in 1907. During the Progressive Era (c. 1890 to 1920), the US was the first country to concertedly undertake compulsory sterilisation programs. By World War II, programs in the US had sterilised approximately 60,000 people.
California's eugenics programs were driven by anti-Asian and anti-Mexican prejudice, and sterilisation was a prerequisite for release from some institutions. The state also has a history of forced sterilisations in prisons, with nearly 150 female inmates being authorised for sterilisation between 2006 and 2010. State audit and prison records reveal nearly 1,400 sterilisations between 1997 and 2013, and while California banned coerced sterilisations in prisons in 2014, the practice continues to occur in other states and countries.
The history of compulsory sterilisation in the United States and California is a shameful and unethical chapter, depriving thousands of people of their reproductive autonomy without their consent. While there have been efforts to address this injustice, including a reparations bill in California, it is important to recognise the ongoing impact of these past policies and ensure that similar violations do not occur in the future.
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Indiana passed the first eugenics-based compulsory sterilisation law in 1907
In 1907, Indiana became the first state to pass a compulsory sterilisation law, which came into effect the same year. The law was approved by Governor J. Frank Hanly and made sterilisation mandatory for certain individuals in state custody. These included "confirmed criminals", "idiots", "imbeciles", and "rapists".
The law was enforced until 1909, when Governor Thomas R. Marshall halted sterilisations. In 1921, the Indiana Supreme Court ruled the 1907 law unconstitutional, citing a denial of due process under the Fourteenth Amendment. However, a revised law was passed in 1927, which added court appeals. This law was further expanded in 1931 and remained in effect until it was repealed in 1974. During this period, approximately 2,500 people in state custody were sterilised, with nearly equal numbers of males and females.
The eugenics movement in the United States during this time was driven by the belief that a range of mental and physical handicaps were hereditary. The proponents of eugenics, including leading intellectuals and social reformers, argued that these scientific hypotheses could be used as a basis for social engineering across various policy areas, including family planning, education, and immigration.
The Indiana sterilisation law was part of a broader trend in the United States during the Progressive Era (c. 1890 to 1920), where the country became the first to undertake concerted compulsory sterilisation programs. By World War II, programs in the United States had sterilised approximately 60,000 people. The Nazis in Germany also took inspiration from the United States, sterilising over 400,000 individuals by the end of the war.
The legacy of Indiana's sterilisation law has been the subject of recent scholarship, with events held in 2007 to commemorate the centenary of the law and reflect on its history and implications.
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Sweden had a four-decade policy of forced sterilisation
The United States was the first country to implement compulsory sterilisation programs. Indiana enacted the first eugenic sterilisation law in 1907, and the US Supreme Court upheld such laws in 1927. By World War II, these programs had sterilised approximately 60,000 people. However, after the war, the horrific revelations concerning Nazi eugenics led to a rapid decline in eugenic sterilisation programs in the US.
Sweden also had a lengthy history of compulsory sterilisation, with a specific focus on eugenics. From 1934 to 1975, Sweden implemented a eugenic sterilisation program that resulted in numerous forced sterilisations. In 1975, the program was abolished, and the Sterilisation Act was adopted, criminalising forced sterilisation and requiring consent for the procedure. During this four-decade period, approximately 63,000 people, mainly women, were sterilised, with half of them being forcefully sterilised.
Sweden's history of compulsory sterilisation dates back even further, with reports of sterilisations without valid consent occurring as early as 1906. In the 1930s, a law was passed that allowed for mass sterilisation, and in 1941, another law was enacted, providing three broad grounds for sterilisation: medical, eugenic, and social. One of the justifications for these laws was to prevent sterilisation from becoming an individual's contraceptive method.
The eugenic component of Sweden's sterilisation program was particularly concerning. The 1941 law allowed for the sterilisation of people considered insane or with severe or physical disabilities, with the rationale being that these traits would not be passed on to their offspring. This reflected a broader trend in the early 20th century, where intellectuals in Europe and the United States advocated for eugenics as a way to ensure the health of the human species.
It is important to note that Sweden was not alone in its implementation of compulsory sterilisation policies. Several other Scandinavian countries, including Denmark, Norway, Finland, and Iceland, passed similar laws in the 1930s, influenced by the United States and Germany. These laws continued to be implemented well after World War II, and in some cases, sterilisations were performed without the knowledge or consent of the individuals involved.
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Iceland banned nonconsensual sterilisation in 2019
In 1907, Indiana became the first governmental unit to enact a law permitting eugenic sterilisation. The US Supreme Court upheld such laws in 1927, and by World War II, around 60,000 people had been sterilised under these programs. However, after the war, the horrific revelations of Nazi eugenics, which saw over 400,000 sterilisation operations in less than a decade, caused a rapid decline in sterilisation programs in the United States.
In 2019, Iceland banned nonconsensual sterilisation. The law ensures that elective sterilisation procedures will be free of charge for those 18 and older, and that individuals requesting sterilisation are educated in advance about the procedure, its possible risks, and its consequences. The bill was submitted by the Minister of Health as part of a broader legislation revision related to counselling and education on sex, childbearing, and pregnancy. Its stated aim is to ensure individuals' autonomy and agency in matters of their reproductive health.
However, it is important to note that Iceland's 2019 law only addresses the procedures of tubal ligation and surgical blocking of the fallopian tubes, excluding hysterectomies from the ban. Additionally, the law does not address the consent of disabled individuals undergoing these procedures. In March 2023, a mother in Iceland authorised a hysterectomy for her severely cognitively impaired 20-year-old daughter, highlighting the ongoing issue of forced sterilisation of disabled individuals in the country.
The issue of forced sterilisation is not unique to Iceland. In India, the state of Maharashtra enacted legislation in 1976 mandating compulsory sterilisation after the birth of a third child, although the legislation was not ultimately passed due to new elections being called. In Europe, 24 countries required sterilisation for legal gender recognition as of 2013, and disabled women are common targets of forced sterilisation. The Istanbul Convention, ratified by 36 European states, defines nonconsensual sterilisation as a human rights offence, yet over a third of signatory countries make exceptions, even in cases not deemed medically necessary.
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Frequently asked questions
The first sterilization law was enacted in Indiana, United States, in 1907.
Sterilization laws targeted a range of groups, including intellectually disabled people, the mentally ill, the deaf, the blind, people with epilepsy, and the physically deformed. Over time, women and people of color became increasingly targeted by these laws, with Black women disproportionately impacted.
Justifications for sterilization laws included population control, eugenics, limiting the spread of HIV, and ethnic genocide. Advocates of sterilization laws argued that people with intellectual disabilities were unfit to parent children and that sterilization would protect them from the dangers of pregnancy.
Yes, forced sterilization continues to occur in the present day. Between 1997 and 2010, approximately 1,400 women in California prisons were subjected to unwanted sterilizations. In 2007, Romani women in the Czech Republic were also sterilized against their will.
