It should be borne in mind that, from a eugenic point of view, the
essential element in segregation is not so much isolation from society,
but separation of the two sexes. Properly operated, segregation
increases the happiness of the individuals segregated, as well as
working to the advantage of the body politic. In most cases the only
objection to it is the expense, and this, as we have shown, need not be
an insuperable difficulty. For these reasons, we believe that
segregation is the best way in which to restrict the reproduction of
those whose offspring could hardly fail to be undesirable, and that
sterilization should be looked upon only as an adjunct, to be used in
special cases where it may seem advantageous to allow an individual full
liberty, or partial liberty, and yet where he or she can not be trusted
to avoid reproduction.
Having reached this point in the discussion of restrictive eugenics, it
may be profitable to consider the so-called "eugenic laws" which have
been before the public in many states during recent years. They are one
of the first manifestations of an awakening public conscience on the
subject of eugenics; they show that the public, or part of it, feels the
necessity of action; they equally show that the principles which should
guide restrictive eugenics are not properly understood by most of those
who have interested themselves in the legislative side of the program.
Twelve states now have laws on their statute books (but usually not in
force) providing for the sterilization of certain classes of
individuals. Similar laws have been passed in a number of other states,
but were vetoed by the governors; while in many others bills have been
introduced but not passed. We shall review only the bills which are
actually on the statute books in 1916, and shall not attempt to detail
all the provisions of them, but shall consider only the means by which
they propose to attain a eugenic end.
The state of Indiana allows the sterilization of all inmates of state
institutions, deemed by a commission of three surgeons to be
unimprovable physically or mentally, and unfit for procreation. The
object is purely eugenic. After a few hundred operations had been
performed in Jeffersonville reformatory, the law aroused the hostility
of Governor Thomas R. Marshall, who succeeded in preventing its
enforcement; since 1913 we believe it has not been in effect. It is
defectively drawn in some ways, particularly because it includes those
who will be kept in custody for life, and who are therefore not proper
objects of sterilization.
The Washington law applies to habitual criminals and sex offenders; it
is a punitive measure which may be ordered by the court passing sentence
on the offender, but has never been put in force. Sterilization is not a
suitable method of punishment, and its value as a eugenic instrument is
jeopardized by the interjection of the punitive motive.
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