South Dakota passes sexual sterilization legislation, with amendments in 1925 and 1943

March 8, 1917. The Legislature of South Dakota passes "An act for the prevention of the procreation of idiots, imbeciles and feebleminded persons". The aim of this legislation was to allow for the legal sterilization of undesirable people living in the "State Home for the Feebleminded". With the passage of this legislation South Dakota became the 15th state to allow a sterilization in the United States.

This legislation made it the responsibility of the superintendent of the Home for the Feebleminded to assess the mental and physical condition of patients and decide whether they should be sterilized. The basis for such a decision was whether, in the superintendent's judgment, a patient was at risk for having children with mental or physical disability, or their mental or physical conditions could be improved by a sterilization operation (Laws. of the Leg. of South Dakota., ch. 236, §1-2, 378-379).

But before a sterilization operation could officially proceed, the legislation also required a state board of medical reviewers to concur with the superintendent's decision. Assuming both these conditions were met, a sterilization operation could occur. And finally, this legislation required that records of the entire examination and sterilization process be kept (Laws. of the Leg. of South Dakota., ch. 236, §2-3, 379).

After the passage of this legislation in 1917, there were no recorded sterilizations until the late 1920s (Kaelber, 2011). Two points stand out about this legislation. It is unique in that it only applied to one institution and it is compulsory, lacking any provisions for notice, hearing, or appeal of a sterilization order.

In 1927 an amendment was added to the sterilization law, establishing the authority of a State Commission for Control of the Feeble-Minded and county boards of insanity. These board were comprised of physicians, psychologists, and lawyers. They were given the jurisdiction to sterilize residents of South Dakota not only within the State Institution for Feeble-Minded, but also those who were "at large" in society (Kaelber, 2011).

A further amendment was made in 1943. This covered the sterilization of certain inmates suffering from mental illness, sexual perversion, and syphilis at Yankton State Hospital (Kaelber, 2011).

The result of this legislation, and its amendments, was the sterilization of some 789 victims. This puts South Dakota 15th in total numbers of sterilization victims in the United States (Kaelber, 2011).

-Luke Kersten

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

  • State of South Dakota. (1917). An Act for the prevention of the procreation of idiots, imbeciles, and feebleminded persons. The Laws of the Legislature of the State of South Dakota.

South Dakota passes sexual sterilization legislation, with amendments in 1925 and 1943

March 8, 1917. The Legislature of South Dakota passes "An act for the prevention of the procreation of idiots, imbeciles and feebleminded persons". The aim of this legislation was to allow for the legal sterilization of undesirable people living in the "State Home for the Feebleminded". With the passage of this legislation South Dakota became the 15th state to allow a sterilization in the United States.

This legislation made it the responsibility of the superintendent of the Home for the Feebleminded to assess the mental and physical condition of patients and decide whether they should be sterilized. The basis for such a decision was whether, in the superintendent's judgment, a patient was at risk for having children with mental or physical disability, or their mental or physical conditions could be improved by a sterilization operation (Laws. of the Leg. of South Dakota., ch. 236, §1-2, 378-379).

But before a sterilization operation could officially proceed, the legislation also required a state board of medical reviewers to concur with the superintendent's decision. Assuming both these conditions were met, a sterilization operation could occur. And finally, this legislation required that records of the entire examination and sterilization process be kept (Laws. of the Leg. of South Dakota., ch. 236, §2-3, 379).

After the passage of this legislation in 1917, there were no recorded sterilizations until the late 1920s (Kaelber, 2011). Two points stand out about this legislation. It is unique in that it only applied to one institution and it is compulsory, lacking any provisions for notice, hearing, or appeal of a sterilization order.

In 1927 an amendment was added to the sterilization law, establishing the authority of a State Commission for Control of the Feeble-Minded and county boards of insanity. These board were comprised of physicians, psychologists, and lawyers. They were given the jurisdiction to sterilize residents of South Dakota not only within the State Institution for Feeble-Minded, but also those who were "at large" in society (Kaelber, 2011).

A further amendment was made in 1943. This covered the sterilization of certain inmates suffering from mental illness, sexual perversion, and syphilis at Yankton State Hospital (Kaelber, 2011).

The result of this legislation, and its amendments, was the sterilization of some 789 victims. This puts South Dakota 15th in total numbers of sterilization victims in the United States (Kaelber, 2011).

-Luke Kersten

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

  • State of South Dakota. (1917). An Act for the prevention of the procreation of idiots, imbeciles, and feebleminded persons. The Laws of the Legislature of the State of South Dakota.