Birthright (aired November 2, 2005)
Tracey Sands, an abusive mother, is suspected in a murder, but dies while in custody, the result of an involuntary, forced sterilization. Nurse Gloria Rhodes, who did the sterilization, is charged with manslaughter and ultimately convicted.
Many states did enact laws in the early 20th century permitting involuntary sterilization and did sterilize thousands of people pursuant to such laws. The Supreme Court did uphold one such law as not violating a person's due process and equal protection rights in the 1927 case of Buck v. Bell, though courts almost certainly would not make such a ruling now.
Carrie Buck, the plaintiff in Buck v. Bell (opinion on-line here), was the first woman sterilized by Virginia pursuant to the state's law. She was 18 when a court ordered the sterilization in 1924; she was sterilized in 1927. Writing for the majority, Justice Oliver Wendell Holmes described Buck as a "feeble-minded white woman" who was "the daughter of a feeble-minded mother" and the "mother of an illegitimate feeble-minded child," and wrote favorably of the eugenics movement.
"We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind," Holmes wrote. "Three generations of imbeciles are enough."
Virginia ultimately sterilized about 8,000 people pursuant to its law. California had enacted a similar law in 1909, and sterilized about 19,000 people pursuant to its law. More than 30 states reportedly enacted such laws.
Several states have apologized in recent years for their respective involuntary sterilization laws. Virginia Governor Mark R. Warner was the first to do so, saying in a May 2, 2002 statement that "the eugenics movement was a shameful effort in which state government never should have been involved" (statement on-line here). California Governor Gray Davis said in a March 11, 2003 statement that "our hearts are heavy for the pain caused by eugenics. It was a sad and regrettable chapter in the state's hisotyr, and it is one that must never be repeated again."
The Supreme Court did strike down a sterilization law as unconstitutional in the 1942 case of Skinner v. Oklahoma (on-line here). Oklahoma had at that time a law that allowed for the involuntary sterilization of "habitual criminals." The Supreme Court majority struck down this law as violating equal protection, noting that this law hinged the ability to reproduce on legal distinctions such as the difference between larceny and embezzling. "We have not the slightest basis for inferring that that line has any significance in eugenics nor that the inheritability of criminal traits follows the neat legal distinctions which the law has marked between those two offenses," Justice William O. Douglas wrote.
|
|
|
Home / Calendar
The West Wing
The Daily Show with Jon Stewart
The Colbert Report
Saturday Night Live
Commander in Chief
Law & Order
*
Issues
Resources
Site FAQ
Search via Google
Ripped from the Headlines?
West Wing: Santos discusses a lawsuit about intelligent design
West Wing: Electoral map as of the 10/9 episode; Santos needs to catch up big-time
SNL: The Miers nomination
South Park: Inspired by Katrina
Boston Legal: End to assault-weapons ban
Daily Show: A 2004 study found that 21 percent of young people regularly get their campaign news from comedy shows like the Daily Show with Jon Stewart and Saturday Night Live. So, some footnotes.
NOTE: All photos are copyright their respective owners.
| |
|
DISCLAIMER. The materials contained in this website have been prepared by Stephen Lee ("Author") for informational purposes only and do not contain or constitute legal advice. These materials may not reflect the most current legal developments, verdicts or settlements.
Furthermore, this information should in no way be taken as an indication of future results. Reading this website is not intended to create, and your receipt and/or use of the information contained herein, does not constitute an attorney/client relationship. You should not act upon this information without seeking professional counsel. Reproduction, distribution or republication of material contained within this website is prohibited unless the prior permission of Author has been obtained.
(C) Copyright 2002, 2003, 2004, 2005 Stephen Lee. All rights reserved. Newsaic and FootnoteTV are registered service marks of Stephen Lee. Mirror Law and Footnote Comics are service marks of Stephen Lee. More information available here. Comments or suggestions to the Site Editor.
|
|
|
By Stephen Lee
| |
