Oregon passes sexual sterilization legislation

February 19, 1917. The Legislative Assembly of Oregon passes "An to prevent the procreation of feeble minded, insane, epileptic, habitual criminals, moral degenerates and sexual perverts, who may be inmates of institutions maintained by public expense, by authorizing and providing for the sterilization of persons with inferior hereditary potentialities". This statute empowered the state to sterilize patients in the care of state institutions. The aim was to prevent the procreation of people with undesirable traits. The legislation outlines who was to decide when sterilization procedures were necessary, how such decision were to be made, and how sterilization procedures, both legally and medically, were to be carried out.

This legislation created a eugenics board for the state. The state board was responsible for the examination and approval, upon recommendation from the superintendents of the state institutions, of all those patients who were candidates for sterilization operations (Gen. Laws of the State of Oregon, ch. 279, §1-4, 518-519). If, upon examination, a sterilization operation was deemed to be in the best, therapeutic interest of the patient, because they were at risk of reproducing children with mental disabilities, then a sterilization operation could be approved. Candidate conditions for a sterilization operation included things like being feebleminded, insane, epileptic, a habitual criminal, having anti-social traits, moral degeneracy, and those thought to become a social menace or ward of the state (Gen. Laws of the State of Oregon, ch. 279, §3, 519).

Upon approval from the board, notification of the procedure had to be given to the patient or their legal guardian or representative within fifteen days (Gen. Laws of the State of Oregon, ch. 279, §5-8, 520-521). This was because the legislation specified that an appeal process had to be available to patients who were candidates for sterilization operations.

After being passed in law, this legislation was quickly put to use. It resulted in approximately 127 sterilization during its first four years. The law was rendered ineffective however, when, in 1921, the Marion Circuit Court deemed it unconstitutional (Kaelber, 2011). A second sterilization law was passed in 1923.

-Luke Kersten

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

  • State of Oregon. (1917). An Act to prevent the procreation of feeble minded, insane, epileptic, habitual criminals, moral degenerates and sexual perverts, who may be inmates of institutions maintained by the public expense, by authorizing and providing for the sterilization of persons with inferior hereditary potentialities. General Laws of the State of Oregon.

Oregon passes sexual sterilization legislation

February 19, 1917. The Legislative Assembly of Oregon passes "An to prevent the procreation of feeble minded, insane, epileptic, habitual criminals, moral degenerates and sexual perverts, who may be inmates of institutions maintained by public expense, by authorizing and providing for the sterilization of persons with inferior hereditary potentialities". This statute empowered the state to sterilize patients in the care of state institutions. The aim was to prevent the procreation of people with undesirable traits. The legislation outlines who was to decide when sterilization procedures were necessary, how such decision were to be made, and how sterilization procedures, both legally and medically, were to be carried out.

This legislation created a eugenics board for the state. The state board was responsible for the examination and approval, upon recommendation from the superintendents of the state institutions, of all those patients who were candidates for sterilization operations (Gen. Laws of the State of Oregon, ch. 279, §1-4, 518-519). If, upon examination, a sterilization operation was deemed to be in the best, therapeutic interest of the patient, because they were at risk of reproducing children with mental disabilities, then a sterilization operation could be approved. Candidate conditions for a sterilization operation included things like being feebleminded, insane, epileptic, a habitual criminal, having anti-social traits, moral degeneracy, and those thought to become a social menace or ward of the state (Gen. Laws of the State of Oregon, ch. 279, §3, 519).

Upon approval from the board, notification of the procedure had to be given to the patient or their legal guardian or representative within fifteen days (Gen. Laws of the State of Oregon, ch. 279, §5-8, 520-521). This was because the legislation specified that an appeal process had to be available to patients who were candidates for sterilization operations.

After being passed in law, this legislation was quickly put to use. It resulted in approximately 127 sterilization during its first four years. The law was rendered ineffective however, when, in 1921, the Marion Circuit Court deemed it unconstitutional (Kaelber, 2011). A second sterilization law was passed in 1923.

-Luke Kersten

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

  • State of Oregon. (1917). An Act to prevent the procreation of feeble minded, insane, epileptic, habitual criminals, moral degenerates and sexual perverts, who may be inmates of institutions maintained by the public expense, by authorizing and providing for the sterilization of persons with inferior hereditary potentialities. General Laws of the State of Oregon.