New York, 8th state passes sexual sterilization legislation

April 26, 1912. The New York Legislature passes "An act to amend the public health law, in relation to operations for the prevention of procreation". The bill was introduced by Assemblyman Robert P. Bush. The aim of the bill was to empower the state to sterilize persons deemed to have undesirable traits within state institutions.

The legislation created an examination board to decide on whether certain people should be sterilized. If the board judged individuals living in state instaurations, such as a hospital or prison, to be at risk for having children who might be mentally disabled or who might have criminal tendencies, then a sterilization operation could be approved; criminal tendencies were thought of in terms of those inmates who had been convicted of sexual assault and had repeat offenses. Similar to other sterilization legislation in the states, if the examining board approved a sterilization operation, then a proceeding was held where the candidate for sterilization would have a chance, with the assistance of a state appointed representative, to review and appeal the decision of the board. The legislation also made it so that the surgeons performing the operation could not really be held criminally responsible (Laughlin, 24).

This legislation was declared unconstitutional in March 1918, at which time sterilizations stopped; 42 sterilizations were carried while this legislation was active (Kaelber, 2011). The legislation was deemed to be unconstitutional because the law did not apply to people outside of state asylums, a violation of the Fourteenth Amendment: equal protection under the law (Kaelber, 2011).

For more info visit here.

-Luke Kersten

New York, 8th state passes sexual sterilization legislation

April 26, 1912. The New York Legislature passes "An act to amend the public health law, in relation to operations for the prevention of procreation". The bill was introduced by Assemblyman Robert P. Bush. The aim of the bill was to empower the state to sterilize persons deemed to have undesirable traits within state institutions.

The legislation created an examination board to decide on whether certain people should be sterilized. If the board judged individuals living in state instaurations, such as a hospital or prison, to be at risk for having children who might be mentally disabled or who might have criminal tendencies, then a sterilization operation could be approved; criminal tendencies were thought of in terms of those inmates who had been convicted of sexual assault and had repeat offenses. Similar to other sterilization legislation in the states, if the examining board approved a sterilization operation, then a proceeding was held where the candidate for sterilization would have a chance, with the assistance of a state appointed representative, to review and appeal the decision of the board. The legislation also made it so that the surgeons performing the operation could not really be held criminally responsible (Laughlin, 24).

This legislation was declared unconstitutional in March 1918, at which time sterilizations stopped; 42 sterilizations were carried while this legislation was active (Kaelber, 2011). The legislation was deemed to be unconstitutional because the law did not apply to people outside of state asylums, a violation of the Fourteenth Amendment: equal protection under the law (Kaelber, 2011).

For more info visit here.

-Luke Kersten