Buck V.

Bell According to the website of the US National Library of Medicine (2012), Eugenic sterilization is defined as sterilization of a person who is either mentally ill or mentally defective and will either severely handicap any future offspring through heredity or is unable to properly care for a child. When an institutionalized mentally disordered person of reproductive age reaches a stage when he is able to return to the community, 3 possibilities arise: 1) eugenic surgical sterilization; 2) eugenic institutional sterilization, where the patient is effectively sterilized by being kept in the institution; and 3) discharge without eugenic sterilization. 1. The case

According to Harry H. Laughlin, director of the Eugenics Record Office and a major player in the eugenics movement, laws were either poorly written or confusing to be constitutionalized (Tartakovsky, 2011). With his assertion, Laughlin published model sterilization act in 1922, which became the basis of other states in the idea of eugenic sterilization. In 1924, Virginia passed its sterilization law based on Laughlins model. In around year 1924, about 3,000 people had been involuntarily sterilized in America, wherein the state of California has recoded most with a number of 2,500 sterilizations. That year Virginia passed a Eugenic Sterilization Act based on Laughlins Model Law. It was adopted as part of a cost-saving strategy to relieve the tax burden in a state where public facilities for the "insane" and "feebleminded" had experienced rapid growth. The law was also written to protect physicians who performed sterilizing operations from malpractice lawsuits. Virginias law asserted that "heredity plays an important part in the transmission of insanity, idiocy, imbecility, epilepsy and crime" It focused on "defective persons" whose reproduction represented "a menace to society." (as cited in Tartakovsky, para 1-section 2, 2011) Carrie Bucks family was used as a model in constitutionalizing the Eugenic sterilization act, wherein the proponents stated that the mother of Carrie; Emma Buck, is a feeblemind and is sexually promiscuous. Emma Buck then, was involuntarily institutionalized at the Virginia Colony for Epileptics and Feebleminded in Lynchburg, Virginia at the height of the sterilization act. (psychcentral.com, 2012) In relation to Emma Bucks scenario case, the 17 years old Carrie, believed to have inherited these traits, was committed to the same asylum after giving birth to an illegitimate daughter, Vivian. When Vivian was examined at six months old, experts concluded that she was below the average. According to a social worker, there is a look about it that is not quite normal. After Dr. Albert Priddy died (the main proponent of Virginias sterilization act) he was replaced by John Bell and the case was brought to the supreme court of America.

Problems encountered: a. Institutionalization of the 1924 Virginia law.

Given the case of Carrie and her family, the lawmakers believed that it is a clear test case that eugenic sterilization must be passed as legal law. Justice Holmes, who delivered the 8-1 decision on May 2, 1927 then quoted, "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 Three generations of imbeciles are enough." This passage of law sterilized 8,300 more Virginians between 1927-1972. b. Promotion of eugenic sterilization brought about by the 1924 Virginia law empowering to sterilize individuals who are deemed to be unfit. Eugenics captured the Americans attention because of what they believed were good effects of eugenic sterilization. Many reformers believe that criminality, poverty, alcoholism, venereal diseases and vagrancy where caused by the unfit peoples heredity. Believing that segregating the feeble-minded from the people who are normal would prevent the procreation of their same kind. Eugenic sterilization then promised that once sterilized, procreation would not be an issue anymore, would be able to live normally and will not be considered as burdens to the society. (as cited from www.encyclopediavirginia.org, para 3, 2012) c. Discrimination among the feeble-minded people over the normal people It can be seen in the case that the passage of the 1924 Virginia Law on eugenic sterilization and the corresponding defense of it showed an unequal treatment of status between the feeble minded and the normal ones. As Justice Holmes have stated, society can prevent those who are manifestly unfit from continuing their kind. d. Sterilization of Emma Buck, Carries mother, without her or her familys consent. Although, a feeble-minded, it is still necessary and just to ask for the persons permission or her familys consent if they would allow their family member to undergo a research experiment. e. Judgment of Carrie and her daughter Vivian Dobbs as feeble- minded wherein historians confirmed as only a false diagnosis. Carrie, and her daughter, Vivians human rights are violated when the lawmakers of the 1924 Virginia law institutionalized the said law. There were no enough evidences of Carrie and her daughter being feeble-minded people as what historians confirmed. Carrie is just said to be feeble-minded to cover up for Carries foster parents nephews act of rape. Vivian, her daughter was in the elementary honor roll in 1931 as well showing a clear sign of false judgment of feeble-mindedness.