Utah, 23rd state to pass sexual sterilization legislation

March 16, 1925. The Legislature of Utah passes "An act to prevent the procreation of habitual sexual criminals, idiots, epileptics, imbeciles and insane and providing penalties for the violation thereof". The aim of this legislation was to allow for the legal sterilization of people living in state institutions deemed to have undesirable traits.

If the superintendent of a state institution, such as the Utah state hospital or the State Industrial school, determined that a patient, for hereditary reasons, was either a habitual sexual criminal, insane, idiotic, imbecilitic, feebleminded, or epileptic, then that patient could be sterilized. Certain further 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, the patient had to be able to appeal the board's decision through a chancery court (Laws of the State of Utah, ch. 82, No.135, 161-162). Fifth, and finally, if the patient disputed the circuit court's decision, then they had to be able to appeal to the supreme court of Utah; the operation had to be suspended until the court's decision was given (Laws of the State of Utah, ch. 82, No.135, 162). If all of these conditions were met, then a sterilization operation could proceed according to this legislation. However, it should be noted that according to this legislation individuals could be sterilized without consent if the proper legal processes were upheld.

Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females. Additionally, this legislation 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 (Laws of the State of Utah, ch. 82, No.135, 162).

In terms of impact, 772 individuals were sterilized while this, and other, sterilization laws were active; making Utah the 16th highest in the United states for eugenic sterilizations (Kaelber, 2011).

-Luke Kersten

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

  • State of Utah. (1925). An Act to prevent the procreation of habitual sexual criminals, idiots, epileptics, imbeciles, and insane and providing penalties for the violation thereof. Laws of the State of Utah.

Utah, 23rd state to pass sexual sterilization legislation

March 16, 1925. The Legislature of Utah passes "An act to prevent the procreation of habitual sexual criminals, idiots, epileptics, imbeciles and insane and providing penalties for the violation thereof". The aim of this legislation was to allow for the legal sterilization of people living in state institutions deemed to have undesirable traits.

If the superintendent of a state institution, such as the Utah state hospital or the State Industrial school, determined that a patient, for hereditary reasons, was either a habitual sexual criminal, insane, idiotic, imbecilitic, feebleminded, or epileptic, then that patient could be sterilized. Certain further 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, the patient had to be able to appeal the board's decision through a chancery court (Laws of the State of Utah, ch. 82, No.135, 161-162). Fifth, and finally, if the patient disputed the circuit court's decision, then they had to be able to appeal to the supreme court of Utah; the operation had to be suspended until the court's decision was given (Laws of the State of Utah, ch. 82, No.135, 162). If all of these conditions were met, then a sterilization operation could proceed according to this legislation. However, it should be noted that according to this legislation individuals could be sterilized without consent if the proper legal processes were upheld.

Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females. Additionally, this legislation 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 (Laws of the State of Utah, ch. 82, No.135, 162).

In terms of impact, 772 individuals were sterilized while this, and other, sterilization laws were active; making Utah the 16th highest in the United states for eugenic sterilizations (Kaelber, 2011).

-Luke Kersten

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

  • State of Utah. (1925). An Act to prevent the procreation of habitual sexual criminals, idiots, epileptics, imbeciles, and insane and providing penalties for the violation thereof. Laws of the State of Utah.