Mississippi passes sexual sterilization legislation

April 26, 1928. The Legislature of Mississippi 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 living in state institutions deemed to have undesirable traits.

If the superintendent of a state institution, such as the East Mississippi Insane hospital or the Mississippi School and Colony for Feebleminded, 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. Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females (Laws of the State of Mississippi., ch. 294, §1, 370). However, certain further conditions had to be met before a sterilization operation could be occur, according to this legislation.

First, the superintendent had to get approval from a special eugenics board at the institution (Laws of the State of Mississippi., ch. 294, §1, 370). Second, a notification had to be delivered to the patient and their legal guardian, making them aware of the proposed surgery within a certain timeframe (Laws of the State of Mississippi., ch. 294, §2, 370-371. Third, if the patient desired to protest the operation, a hearing had to be held by the special eugenics board in order to review the case (Laws of the State of Mississippi., ch. 294, §3, 372). Fourth, and finally, the patient had to be able to appeal the board's decision to a chancery court (Laws of the State of Mississippi., ch. 294, §4, 373). 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; that is, if either the chancery court or the special eugenics board upheld the superintendent's assessment.

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 Mississippi., ch. 294, §5, 373).

This legislation resulted in a total of 683 sterilizations. Of those 683 sterilizations, 160 were performed on males, while 523 were performed on females (Kaelber, 2011). Interestingly, this legislation was very similar in both its timing and content to Virginia's sterilization law, borrowing a noticeable amount of design and wording.

-Luke Kersten

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

  • State of Mississippi. (1928). An Act to provide for the sexual sterilization of inmates of state institutions in certain cases. Laws of the State of Mississippi.

Mississippi passes sexual sterilization legislation

April 26, 1928. The Legislature of Mississippi 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 living in state institutions deemed to have undesirable traits.

If the superintendent of a state institution, such as the East Mississippi Insane hospital or the Mississippi School and Colony for Feebleminded, 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. Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females (Laws of the State of Mississippi., ch. 294, §1, 370). However, certain further conditions had to be met before a sterilization operation could be occur, according to this legislation.

First, the superintendent had to get approval from a special eugenics board at the institution (Laws of the State of Mississippi., ch. 294, §1, 370). Second, a notification had to be delivered to the patient and their legal guardian, making them aware of the proposed surgery within a certain timeframe (Laws of the State of Mississippi., ch. 294, §2, 370-371. Third, if the patient desired to protest the operation, a hearing had to be held by the special eugenics board in order to review the case (Laws of the State of Mississippi., ch. 294, §3, 372). Fourth, and finally, the patient had to be able to appeal the board's decision to a chancery court (Laws of the State of Mississippi., ch. 294, §4, 373). 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; that is, if either the chancery court or the special eugenics board upheld the superintendent's assessment.

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 Mississippi., ch. 294, §5, 373).

This legislation resulted in a total of 683 sterilizations. Of those 683 sterilizations, 160 were performed on males, while 523 were performed on females (Kaelber, 2011). Interestingly, this legislation was very similar in both its timing and content to Virginia's sterilization law, borrowing a noticeable amount of design and wording.

-Luke Kersten

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

  • State of Mississippi. (1928). An Act to provide for the sexual sterilization of inmates of state institutions in certain cases. Laws of the State of Mississippi.