Montana passes sexual sterilization legislation

March 1, 1923. The Montana Legislative Assembly passes "An act to prevent the procreation of hereditary idiots, feebleminded, insane, and epileptics who are inmates of state custodial institutions, by authorizing and providing eugenical sterilization of said inmates". Signed into law by Republican Governor Joseph M. Dixon, the purpose of this legislation was to allow for the legal sterilizations of people with undesirable traits living in state institutions. The legislation outlined what institutions were responsible for housing mentally disabled people, who was responsible for making decision about sterilizations, how such decisions were to be carried out, and who could be held legally responsible for such decisions, and to what extent.

The legislation established a state board of eugenics, which consisted of a physician from each state institution and two members from the state medical association. Upon recommendation from the chief physicians of the state institutions, the board could approve sterilization operations (Laws, Res. & Mem. of the State of Montana, ch. 164, §3-5, 535).

On the legal side of things, this legislation required consent from either the patient in question or their legal guardian. However, if consent was not given, then sterilization could still occur, provided that the board, upon review, deemed the procedure necessary; and also provided that a hearing and or legal avenues for protest were offered (Laws, Res. & Mem. of the State of Montana, ch. 164, §6, 535-536). This legislation also stipulated that neither the board nor the physicians performing the sterilizations could be held legally responsible. And, that if abuse was found, the maximum penalty which could be given was only either a one-thousand dollar fine or imprisonment for up to one year (Laws, Res. & Mem. of the State of Montana, ch. 164, §7, 536). Active until 1954, this legislation resulted in 256 people being sterilized (Kaelber, 2011).

For more info visit here.

-Luke Kersten

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

  • State of Montana. (1923). An Act to prevent the procreation of hereditary idiots, feebleminded, insane, and epileptics who are inmates of state custodial institutions, by authorizing and providing eugenical sterilization of said inmates. Laws, Resolutions, and Memorials of the State of Montana.

Montana passes sexual sterilization legislation

March 1, 1923. The Montana Legislative Assembly passes "An act to prevent the procreation of hereditary idiots, feebleminded, insane, and epileptics who are inmates of state custodial institutions, by authorizing and providing eugenical sterilization of said inmates". Signed into law by Republican Governor Joseph M. Dixon, the purpose of this legislation was to allow for the legal sterilizations of people with undesirable traits living in state institutions. The legislation outlined what institutions were responsible for housing mentally disabled people, who was responsible for making decision about sterilizations, how such decisions were to be carried out, and who could be held legally responsible for such decisions, and to what extent.

The legislation established a state board of eugenics, which consisted of a physician from each state institution and two members from the state medical association. Upon recommendation from the chief physicians of the state institutions, the board could approve sterilization operations (Laws, Res. & Mem. of the State of Montana, ch. 164, §3-5, 535).

On the legal side of things, this legislation required consent from either the patient in question or their legal guardian. However, if consent was not given, then sterilization could still occur, provided that the board, upon review, deemed the procedure necessary; and also provided that a hearing and or legal avenues for protest were offered (Laws, Res. & Mem. of the State of Montana, ch. 164, §6, 535-536). This legislation also stipulated that neither the board nor the physicians performing the sterilizations could be held legally responsible. And, that if abuse was found, the maximum penalty which could be given was only either a one-thousand dollar fine or imprisonment for up to one year (Laws, Res. & Mem. of the State of Montana, ch. 164, §7, 536). Active until 1954, this legislation resulted in 256 people being sterilized (Kaelber, 2011).

For more info visit here.

-Luke Kersten

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

  • State of Montana. (1923). An Act to prevent the procreation of hereditary idiots, feebleminded, insane, and epileptics who are inmates of state custodial institutions, by authorizing and providing eugenical sterilization of said inmates. Laws, Resolutions, and Memorials of the State of Montana.