West Virginia passes sexual sterilization law

March 5, 1929. The Legislature of West Virginia passes "An act to amend chapter one hundred and fifty of Barnes code of one thousand nine hundred and twenty three so as to authorize and provide for the asexualization or sterilization of inmates of state institutions. The aim of this legislation was to allow for the legal sterilization of individuals living in state institution deemed to have undesirable traits. The legislation outlined when sterilizations could occur, how they were to be managed, both legally and financially, and who could be held responsible.

In terms of content, this legislation specified a number of steps for sterilizations. First, the superintendents of state institutions, e.g. West Virginia Industrial school for boys, would have to decide whether individual were mentally disabled and also a risk to either themselves or the welfare of the state (Acts of the Leg. of West Virginia, ch. 4, §1, 4). If the superintendent decided that the individuals were in need of sterilization, then the legislation outlined that the superintendent would have to recommend such individuals to a public health council for further review and approval. This council would then, in turn, have to conduct a hearing to examine the merits of the recommendations (Acts of the Leg. of West Virginia, ch. 4, §1, 6). Throughout this process a guardian would have to be appointed to the individuals in question. After the council rendered a decision, appeals by the patients or their guardians could be made to a circuit court (Acts of the Leg. of West Virginia, ch. 2, §3, 7).

If all of these procedures were followed, then sterilizations could proceed. Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females (Acts of the Leg. of West Virginia, ch. 4, §1, 6).

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 (Acts of the Leg. of West Virginia, ch. 4, §5, 8).

In comparison to its neighbouring state Virginia, sterilizations were limited in West Virginia. Ninety eight individuals were sterilized in total (Kaelber, 2011).

-Luke Kersten

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

  • State of West Virginia. (1929). An Act to amend chapter one hundred and fifty of Barnes code of one thousand nine hundred and twenty three so as to authorize and provide for the asexualization or sterilization of inmates of state institutions. Acts of the Legislature of West Virginia.

West Virginia passes sexual sterilization law

March 5, 1929. The Legislature of West Virginia passes "An act to amend chapter one hundred and fifty of Barnes code of one thousand nine hundred and twenty three so as to authorize and provide for the asexualization or sterilization of inmates of state institutions. The aim of this legislation was to allow for the legal sterilization of individuals living in state institution deemed to have undesirable traits. The legislation outlined when sterilizations could occur, how they were to be managed, both legally and financially, and who could be held responsible.

In terms of content, this legislation specified a number of steps for sterilizations. First, the superintendents of state institutions, e.g. West Virginia Industrial school for boys, would have to decide whether individual were mentally disabled and also a risk to either themselves or the welfare of the state (Acts of the Leg. of West Virginia, ch. 4, §1, 4). If the superintendent decided that the individuals were in need of sterilization, then the legislation outlined that the superintendent would have to recommend such individuals to a public health council for further review and approval. This council would then, in turn, have to conduct a hearing to examine the merits of the recommendations (Acts of the Leg. of West Virginia, ch. 4, §1, 6). Throughout this process a guardian would have to be appointed to the individuals in question. After the council rendered a decision, appeals by the patients or their guardians could be made to a circuit court (Acts of the Leg. of West Virginia, ch. 2, §3, 7).

If all of these procedures were followed, then sterilizations could proceed. Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females (Acts of the Leg. of West Virginia, ch. 4, §1, 6).

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 (Acts of the Leg. of West Virginia, ch. 4, §5, 8).

In comparison to its neighbouring state Virginia, sterilizations were limited in West Virginia. Ninety eight individuals were sterilized in total (Kaelber, 2011).

-Luke Kersten

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

  • State of West Virginia. (1929). An Act to amend chapter one hundred and fifty of Barnes code of one thousand nine hundred and twenty three so as to authorize and provide for the asexualization or sterilization of inmates of state institutions. Acts of the Legislature of West Virginia.

West Virginia passes sexual sterilization law

March 5, 1929. The Legislature of West Virginia passes "An act to amend chapter one hundred and fifty of Barnes code of one thousand nine hundred and twenty three so as to authorize and provide for the asexualization or sterilization of inmates of state institutions. The aim of this legislation was to allow for the legal sterilization of individuals living in state institution deemed to have undesirable traits. The legislation outlined when sterilizations could occur, how they were to be managed, both legally and financially, and who could be held responsible.

In terms of content, this legislation specified a number of steps for sterilizations. First, the superintendents of state institutions, e.g. West Virginia Industrial school for boys, would have to decide whether individual were mentally disabled and also a risk to either themselves or the welfare of the state (Acts of the Leg. of West Virginia, ch. 4, §1, 4). If the superintendent decided that the individuals were in need of sterilization, then the legislation outlined that the superintendent would have to recommend such individuals to a public health council for further review and approval. This council would then, in turn, have to conduct a hearing to examine the merits of the recommendations (Acts of the Leg. of West Virginia, ch. 4, §1, 6). Throughout this process a guardian would have to be appointed to the individuals in question. After the council rendered a decision, appeals by the patients or their guardians could be made to a circuit court (Acts of the Leg. of West Virginia, ch. 2, §3, 7).

If all of these procedures were followed, then sterilizations could proceed. Two sterilization methods could be prescribed: vasectomy for men and salpingectomy for females (Acts of the Leg. of West Virginia, ch. 4, §1, 6).

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 (Acts of the Leg. of West Virginia, ch. 4, §5, 8).

In comparison to its neighbouring state Virginia, sterilizations were limited in West Virginia. Ninety eight individuals were sterilized in total (Kaelber, 2011).

-Luke Kersten

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

  • State of West Virginia. (1929). An Act to amend chapter one hundred and fifty of Barnes code of one thousand nine hundred and twenty three so as to authorize and provide for the asexualization or sterilization of inmates of state institutions. Acts of the Legislature of West Virginia.