Virginia signs SB 281, the “Eugenical Sterilization Act,” into law

March 20, 1924. The General Assembly of Virginia passes "An act to provide for the sexual sterilization of inmates of State institutions in certain cases". The aim of this legislation was to allow for the legal sterilization of people deemed to have undesirable traits. The legislation detailed when sterilizations could occur, who could perform them, and how they were to managed.

According to this legislation, if the superintendent of a state institution decided that a patient would, because of "heredity", pass on mentally deficient traits (e.g., insanity, feeblemindedness, epilepsy, etc.), then they could be sterilized. Certain conditions had to be met, however. First, the superintendent had to get approval from a special board at the institution. Second, a notification had to be delivered to the patient and their legal guardian, making them aware of the proposed surgery. Third, if the patient desired to protest the operation a hearing had to be held in order to review the case. Fourth, and finally, the patient had to be able to appeal the board's decision through a circuit court (Gen. Ass. of the State of Virginia. ch. 394, §281, 569-570). Appeals were heard but rarely considered (Kaelber, 2011). If all of these conditions were met, then a sterilization operation could proceed according to this legislation. Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females. Additionally, this legislation also specified that no individuals involved in the sterilization process could be held civilly or criminally liable, and that records were to be kept of all hearings and sterilizations (Gen. Ass. of the State of Virginia. ch. 394, §281, 571).

Two additional points can be noted about the conditions of this legislation. First, the special board could overrule a patient's protest if it saw fit to uphold the superintendent's assessment. Second, the special board could both appoint a representative to the patient if none existed and remove one if it thought they were inappropriate (Gen. Ass. of the State of Virginia. ch. 394, §281, 571). The conditions in this legislation made it very easy for a superintendent and the special board of an institution to approve and perform sterilization operations. In terms of impact, this legislation resulted in 7325 individuals being sterilized (Kaelber, 2011).

-Luke Kersten

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

  • State of Virginia. (1924). An Act to provide for the sexual sterilization of inmates of state institutions in certain cases. General Assembly of the State of Virginia.

Virginia signs SB 281, the “Eugenical Sterilization Act,” into law

March 20, 1924. The General Assembly of Virginia passes "An act to provide for the sexual sterilization of inmates of State institutions in certain cases". The aim of this legislation was to allow for the legal sterilization of people deemed to have undesirable traits. The legislation detailed when sterilizations could occur, who could perform them, and how they were to managed.

According to this legislation, if the superintendent of a state institution decided that a patient would, because of "heredity", pass on mentally deficient traits (e.g., insanity, feeblemindedness, epilepsy, etc.), then they could be sterilized. Certain conditions had to be met, however. First, the superintendent had to get approval from a special board at the institution. Second, a notification had to be delivered to the patient and their legal guardian, making them aware of the proposed surgery. Third, if the patient desired to protest the operation a hearing had to be held in order to review the case. Fourth, and finally, the patient had to be able to appeal the board's decision through a circuit court (Gen. Ass. of the State of Virginia. ch. 394, §281, 569-570). Appeals were heard but rarely considered (Kaelber, 2011). If all of these conditions were met, then a sterilization operation could proceed according to this legislation. Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females. Additionally, this legislation also specified that no individuals involved in the sterilization process could be held civilly or criminally liable, and that records were to be kept of all hearings and sterilizations (Gen. Ass. of the State of Virginia. ch. 394, §281, 571).

Two additional points can be noted about the conditions of this legislation. First, the special board could overrule a patient's protest if it saw fit to uphold the superintendent's assessment. Second, the special board could both appoint a representative to the patient if none existed and remove one if it thought they were inappropriate (Gen. Ass. of the State of Virginia. ch. 394, §281, 571). The conditions in this legislation made it very easy for a superintendent and the special board of an institution to approve and perform sterilization operations. In terms of impact, this legislation resulted in 7325 individuals being sterilized (Kaelber, 2011).

-Luke Kersten

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

  • State of Virginia. (1924). An Act to provide for the sexual sterilization of inmates of state institutions in certain cases. General Assembly of the State of Virginia.