The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
The State of Indiana in 1907 enacted a vasectomy law which obliges
the superintendents of some prisons and asylums to appoint two
surgeons whose office is to sterilize sexually criminals, idiots,
imbeciles, and similar persons, if these surgeons, in consultation
with the chief physician of the institution, deem the propagation
of children by such so-called degenerates detrimental to society.
The same law has been incorporated in the statutes by New York, New
Jersey, Washington, Iowa, Nevada, Wisconsin, Connecticut, California,
Utah, Kansas, Oregon, and Minnesota. The law has been proposed
several times in the Legislature of Pennsylvania, but it was vetoed
twice and held up once in the Assembly.
In New Jersey there was question of sterilizing an epileptic girl,
and the Supreme Court of that State[216] decided in 1913 that the
law is contrary to the State and Federal constitutions. In 1916
Probate Judge Lapeer of Michigan declared the law as passed in his
State in 1913 unconstitutional, but the State appealed against this
decision. The Supreme Court of Washington[217] decided in favor
of the law in a case where a man convicted of rape was sentenced
by the trial judge to life imprisonment and to vasectomy as a
punishment. The constitutionality of the Iowa law is on appeal to the
United States Supreme Court after a Federal judge had declared it
unconstitutional. The law in Indiana was put into effect in hundreds
of cases, but Governor Marshall set the law in abeyance. Two Federal
judges in Kansas said the law is unconstitutional and granted an
injunction against its application in a particular case. In 1808
the superintendent of a Kansan institution for the feeble-minded
castrated forty-eight boys. Up to April, 1916, about twenty-five
feeble-minded boys in the Wisconsin institution at Chippewa Falls
were sterilized, and the authorities then said they intended to
sterilize the girls. The law has been advocated by alienists in
Switzerland, and French and English physicians have advocated it.
[216] _Smith vs. Board of Examiners of the Feeble-minded, 88 alt.
R. 963._
[217] _State vs. Feilen, 126 Pac. R. 75._
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