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143 Va. 310. The case comes here upon the contention that
Buck v. Bell, 274 U.S. 200 (1927) the statute authorizing the judgment is void under the
Fourteenth Amendment as denying to the plaintiff in error
due process of law and the equal protection of the laws.
Buck v. Bell
1. The Virginia statute providing for the sexual sterilization Page 274 U. S. 206
of inmates of institutions supported by the State who shall
be found to be afflicted with an hereditary form of insanity
a menace, but, if incapable of procreating, might be
or imbecility, is within the power of the State under the
discharged with safety and become self-supporting with
Fourteenth Amendment. P. 274 U. S. 207.
benefit to themselves and to society, and that experience
has shown that heredity plays an important part in the
2. Failure to extend the provision to persons outside the transmission of insanity, imbecility, &c. The statute then
institutions named does not render it obnoxious to the enacts that, whenever the superintendent of certain
Equal Protection Clause. P. 274 U. S. 208. institutions, including the above-named State Colony, shall
be of opinion that it is for the best interests of the patients
143 Va. 310, affirmed. and of society that an inmate under his care should be
sexually sterilized, he may have the operation performed
ERROR to a judgment of the Supreme Court of Appeals of upon any patient afflicted with hereditary forms of insanity,
the State of Virginia which affirmed a judgment ordering imbecility, &c., on complying with the very careful
provisions by which the act protects the patients from
Page 274 U. S. 201 possible abuse.
the Superintendent of the State Colony of Epileptics and The superintendent first presents a petition to the special
Feeble Minded to perform the operation of salpingectomy board of directors of his hospital or colony, stating the facts
on Carrie Buck, the plaintiff in error. and the grounds for his opinion, verified by affidavit.
Notice of the petition and of the time and place of the
hearing in the institution is to be served upon the inmate,
Page 274 U. S. 205 and also upon his guardian, and if there is no guardian, the
superintendent is to apply to the Circuit Court of the
Mr. JUSTICE HOLMES delivered the opinion of the County to appoint one. If the inmate is a minor, notice also
Court. is to be given to his parents, if any, with a copy of the
petition. The board is to see to it that the inmate may attend
This is a writ of error to review a judgment of the Supreme the hearings if desired by him or his guardian. The evidence
Court of Appeals of the State of Virginia affirming a is all to be reduced to writing, and, after the board has made
judgment of the Circuit Court of Amherst County by which its order for or against the operation, the superintendent, or
the defendant in error, the superintendent of the State the inmate, or his guardian, may appeal to the Circuit Court
Colony for Epileptics and Feeble Minded, was ordered to of the County. The Circuit Court may consider the record
perform the operation of salpingectomy upon Carrie Buck, of the board and the evidence before it and such other
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admissible evidence as may be offered, and may affirm, the grounds do not exist, and, if they exist, they justify the
revise, or reverse the order of the board and enter such result. We have seen more than once that the public welfare
order as it deems just. Finally any party may apply to the may call upon the best citizens for their lives. It would be
Supreme Court of Appeals, which, if it grants the appeal, is strange if it could not call upon those who already sap the
to hear the case upon the record of the trial strength of the State for these lesser sacrifices, often not felt
to be such by those concerned, in order to prevent our being
Page 274 U. S. 207 swamped with incompetence. It is better for all the world
if, instead of waiting to execute degenerate offspring for
in the Circuit Court, and may enter such order as it thinks crime or to let them starve for their imbecility, society can
prevent those who are manifestly unfit from continuing
the Circuit Court should have entered. There can be no
their kind. The principle that sustains compulsory
doubt that, so far as procedure is concerned, the rights of
vaccination is broad enough to cover cutting the Fallopian
the patient are most carefully considered, and, as every step
tubes. Jacobson v. Massachusetts, 197 U. S. 11. Three
in this case was taken in scrupulous compliance with the
statute and after months of observation, there is no doubt generations of imbeciles are enough.
that, in that respect, the plaintiff in error has had due
process of law. Page 274 U. S. 208
The attack is not upon the procedure, but upon the But, it is said, however it might be if this reasoning were
substantive law. It seems to be contended that in no applied generally, it fails when it is confined to the small
circumstances could such an order be justified. It certainly number who are in the institutions named and is not applied
is contended that the order cannot be justified upon the to the multitudes outside. It is the usual last resort of
existing grounds. The judgment finds the facts that have constitutional arguments to point out shortcomings of this
been recited, and that Carrie Buck sort. But the answer is that the law does all that is needed
when it does all that it can, indicates a policy, applies it to
all within the lines, and seeks to bring within the lines all
"is the probable potential parent of socially inadequate
similarly situated so far and so fast as its means allow. Of
offspring, likewise afflicted, that she may be sexually
course, so far as the operations enable those who otherwise
sterilized without detriment to her general health, and that
must be kept confined to be returned to the world, and thus
her welfare and that of society will be promoted by her
sterilization," open the asylum to others, the equality aimed at will be
more nearly reached.
and thereupon makes the order. In view of the general
Judgment affirmed.
declarations of the legislature and the specific findings of
the Court, obviously we cannot say as matter of law that
MR. JUSTICE BUTLER dissents.
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Carrie and Emma Buck
In Buck v. Bell, decided on May 2, 1927, the U.S. Supreme Court, by a vote of 8 to 1, affirmed the
constitutionality of Virginia's law allowing state-enforced sterilization. After being raised by foster parents and
allegedly raped by their nephew, the appellant, Carrie Buck, was deemed feebleminded and promiscuous. In
1924, Buck was committed to the Virginia State Colony for Epileptics and Feeble-Minded, near Lynchburg, and
there ordered sterilized. The Virginia law allowing the procedure had been passed in 1924 and responded to
fifty years of scholarly debate over whether certain social problems, including shiftlessness, poverty, and
prostitution, were inherited and ultimately could be eliminated through selective sterilization. Looking to test
the law's legality before engaging in widespread sterilization, the colony superintendent, Albert S. Priddy,
made sure his order was appealed. The Amherst County Circuit Court and the Virginia Supreme Court of
Appeals both ruled in the colony's favor, and in 1927 the U.S. Supreme Court agreed. In an infamous opinion,
Oliver Wendell Holmes Jr. noted that Carrie Buck, her mother, and her daughter were all suspected of being
feebleminded, declaring, "Three generations of imbeciles are enough." The opinion was never overturned and
led to a marked increase in sterilizations across the United States. At the Nuremberg Trials, Nazi defendants
cited Buck v. Bell in their own defense. Virginia repealed the law in 1974 and in 2002 apologized to its
victims. MORE...
In This Entry
Facts of the Case
Legal and Scientific Background
Appeals Process and Supreme Court
Legacy
Time Line
Further Reading
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the infant, Carrie Buck joined her mother at the colony on June 4,
1924.
Albert S. Priddy
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Staunton, explained, "feeblemindedness runs in families." Asked
by Buck's attorney whether he had ever "trace[d] back along the
lines of heredity to find out what was the beginning of the thing,"
he replied, "No, sir. Adam, I think, was a little off himself on some
things." Arthur H. Estabrook, a eugenics researcher who had spent
a single day interviewing and photographing Buck, her mother,
and her child, concluded that they all were likely the product of
"a defective strain."
Finally, Priddy testified that Buck was the perfect candidate for
sterilization. She came from a family of feebleminded people, he
said, and, absent surgery, likely would give birth to "middle grade
morons" like herself. Those children, including her child, Vivian
Buck, would burden the state by requiring institutional care. But
with surgery, Priddy said, Buck could be released into society,
where with some supervision she could work and even marry, all
without the danger of reproducing again.
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such, she should be sterilized. John Hendren Bell, the colony's
new superintendent, was named to the suit in Priddy's place and
the case was forwarded to the Virginia Supreme Court of Appeals.
The order to sterilize Carrie Buck was founded on the belief that
genetic abnormalities were an important cause of various social
problems, from low intelligence and shiftlessness to promiscuity,
prostitution, and other more serious crimes. At the turn of the
century, Gregor Mendel's experiments with plant hybridization,
performed in the mid-1800s, were receiving renewed interest
from scientists. At the same time, Charles Darwin's half-cousin,
Francis Galton, launched a movement in England based on the
idea that humans could be bred in similar ways to plants and
animals. (Galton coined the term "eugenics," meaning "well-born,"
in 1883.) The American Breeders' Association formed in the United
States in 1903 and three years later established a committee on
eugenics that became, in 1913, the American Genetic Association.
Arthur H. Estabrook
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and criminal tendencies were inherited. In a long article in
the Atlantic Monthly in April 1875, Oliver Wendell Holmes Sr.
argued that "crime can be shown to run in the blood." Two years
later, the sociologist Richard L. Dugdale published The Jukes: A
Study in Crime, Pauperism, Disease and Heredity. It focused on a
single, pseudonymous family from New York and argued that
heredity, while not the only cause, was one of the most important
causes of crime. Arthur Estabrook updated the study in The Jukes
in 1915 (1916), and, in 1926, coauthored Mongrel Virginians: The
Win Tribe, a study of racial mixing in the Blue Ridge Mountains.
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While Virginia's 1916 legislation did not explicitly authorize
sterilizations, it did authorize medical procedures that "tend to
the mental and physical betterment of said patients," and
sterilization sometimes resulted. This was especially true for the
treatment of "chronic pelvic disorder," a procedure that Priddy
claimed required cutting the fallopian tubes and that he
performed most often on female patients of childbearing age who
were about to be paroled, sometimes as a condition of their
release. Twenty such women were sterilized by the end of 1916.
Some of them were married and some were not immediately told
that they could no longer bear children.
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Aubrey Ellis Strode
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Dr. John H. Bell and Carrie
Buck
Referring to the fact that various courts had found Emma Buck,
her daughter Carrie Buck, and her granddaughter Vivian Buck all
to have been feebleminded, Holmes concluded, "Three
generations of imbeciles are enough."
Legacy
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Play Audio
Eugenics in Virginia
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Court outlawed sterilization as a punitive measure, something the
Virginia law already was careful to repudiate. Virginia finally
repealed its sterilization law in 1974, and on December 29, 1980,
the American Civil Liberties Union sued the Lynchburg Training
School and Hospital (previously the Virginia State Colony for
Epileptics and Feeble-Minded) on behalf of the men and women
who had been sterilized there. In Poe v. Lynchburg Training School
and Hospital (1981), the U.S. District Court for the Western
District of Virginia ruled that while the sterilizations had been
legal, there was cause to believe that correct procedure had not
always been followed. The plaintiffs later settled with the state
out of court, with the state agreeing to attempt to locate all living
persons who had been sterilized, to inform them of the
consequences of the operation, and to provide them with
counseling and medical treatment.
Historians have since found evidence that neither Carrie Buck nor
her daughter suffered from any mental illness and that Bell's
sterilization relied on a false diagnosis. Vivian Dobbs, Carrie Buck's
daughter, was placed on the honor roll at her elementary school in
1931, a year before she died at the age of eight. Carrie Buck Eagle
Detamore, who married twice, died in a nursing home
in Waynesboro on January 28, 1983, and is buried in Oakwood
Cemetery in Charlottesville. On May 2, 2002, the seventy-fifth
anniversary of the Buck decision, Virginia governor Mark
Warner apologized for Virginia's eugenics program, calling it "a
shameful effort in which state government never should have been
involved." Astate historical highway marker was dedicated to Buck
v. Bell in Charlottesville on that day.
Time Line
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1836 - Richard B. Garnett enters the U.S. Military Academy at West Point and graduates twenty-ninth in the
class of 1841.
November 28, 1872 - Emma Adeline Harlowe is born in Charlottesville, the daughter of Adeline Dudley Harlowe,
who dies in childbirth, and Richard Harlowe, a farmer in Albemarle County.
1877 - Richard L. Dugdale authors The Jukes, a Study in Crime, Pauperism, Disease and Heredity. The book
focuses on a single, pseudonymous family from New York and argues that heredity is an important cause of
crime.
1883 - Charles Darwin's half-cousin, Francis Galton, coins the term "eugenics," meaning "well-born."
1903 - The American Breeders' Association forms in the United States.
1906 - The American Breeders' Association establishes a committee on eugenics.
July 2, 1906 - Carrie Buck is born in Charlottesville, the daughter of Frank W. Buck, a tinner, and Emma Adeline
Harlowe Buck.
1907–1927 - Various states sterilize 8,515 Americans.
1910 - At age three, Carrie Buck is taken from the care of her mother, Emma A. Harlowe Buck, and placed with
foster parents, John and Alice Dobbs.
1910 - The Virginia State Colony for Epileptics opens in Madison Heights, near Lynchburg. Albert S. Priddy is the
superintendent.
1913 - The American Breeders' Association's committee on eugenics is established as the American Genetic
Association.
1914 - The Virginia State Colony for Epileptics becomes the Virginia State Colony for Epileptics and Feeble-
Minded.
1916 - Arthur H. Estabrook authors The Jukes in 1915, updating an earlier family study by Richard L. Dugdale.
March 20, 1916 - The General Assembly approves legislation detailing the commitment of the mentally ill. It
does not specifically authorize sterilization, but allows for medical procedures that "tend to the mental and
physical betterment of said patients."
July–December 1916 - Twenty women are sterilized at the Virginia State Colony for Epileptics and Feeble-
Minded.
1917 - By this year, sixteen states, including Virginia, have laws authorizing medical procedures on the
institutionalized.
1917 - George Mallory, of Richmond, sues the Virginia State Colony for Epileptics and Feeble-Minded for the
detention and forced sterilization of his wife, Willie Mallory.
1918 - In Mallory v. Virginia Colony, the Virginia Supreme Court of Appeals upholds the sterilization of Willie
Mallory but orders that she and her daughter be freed.
1920 - The General Assembly passes a law that retroactively deems legal the commitments of all current
inmates at state mental institutions. Another law protects superintendents from the costs of suits brought by
inmates.
April 1920 - Authorities deem Emma Buck a "low grade moron" and promiscuous for having a child out of wedlock
and commit her to the Virginia State Colony for Epileptics and Feeble-Minded in Madison Heights, near
Lynchburg.
Summer 1923 - John and Alice Dobbs's nephew Clarence Garland allegedly rapes Carrie Buck, their foster child,
and she becomes pregnant.
January 23, 1924 - Responding to a petition by her foster parents, a court in Charlottesville adjudges the
pregnant seventeen-year-old Carrie Buck to be feebleminded.
March 20, 1924 - The General Assembly passes a bill that allows for the state-enforced sterilization of those
deemed genetically unfit for procreation.
March 28, 1924 - Vivian Alice Elaine Buck, the daughter of Carrie Buck, is born in Charlottesville.
June 4, 1924 - Having been adjudged feebleminded and committed by a Charlottesville court, Carrie Buck
arrives at the Virginia State Colony for Epileptics and Feeble-Minded in Madison Heights, near Lynchburg. Her
mother, Emma Buck, is also an inmate there.
July 21, 1924 - The Virginia State Colony for Epileptics and Feeble-Minded appoints Robert G. Shelton, a justice
of the peace in Madison Heights, to serve as legal guardian of Carrie Buck, an inmate at the colony.
September 10, 1924 - The board of the Virginia State Colony for Epileptics and Feeble-Minded approves a list of
sixteen candidates for sterilization, including Carrie Buck.
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October 3, 1924 - R. G. Shelton, on behalf of Carrie Buck, appeals her sterilization order to the Amherst County
Circuit Court.
November 19, 1924 - Judge Bennett T. Gordon, of the Amherst County Circuit Court, hears arguments in the
case of Buck v. Priddy, appealing the order to sterilize Carrie Buck.
January 13, 1925 - Albert S. Priddy, superintendent of the Virginia State Colony for Epileptics and Feeble-
Minded, dies of Hodgkin disease.
February 1925 - Amherst County Circuit Court judge Bennett T. Gordon announces from the bench his decision
in Buck v. Priddy. He upholds the order to sterilize Carrie Buck.
April 13, 1925 - Judge Bennett T. Gordon releases his written opinion in the case of Buck v. Priddy, upholding
the order to sterilize Carrie Buck. The decision is appealed to the Virginia Supreme Court of Appeals as Buck v.
Bell, after the death of Albert S. Priddy.
November 12, 1925 - In Buck v. Bell, the Virginia Supreme Court of Appeals upholds the sterilization order of
Carrie Buck.
1926 - Arthur H. Estabrook authors Mongrel Virginians: The Win Tribe, a study of racial mixing in the Blue Ridge
Mountains.
June 18, 1926 - Doris Buck, sister of Carrie Buck, arrives at the Virginia State Colony for Epileptics and Feeble-
Minded, having been diagnosed as feeble-minded and committed.
April 22, 1927 - The U.S. Supreme Court hears oral arguments in the case of Buck v. Bell, appealing an order to
sterilize Carrie Buck.
May 2, 1927 - In Buck v. Bell, the U.S. Supreme Court upholds a Virginia order to sterilize Carrie Buck.
1927–1972 - About 8,300 Virginians are sterilized by the state.
October 19, 1927 - Dr. John H. Bell performs the operation to sterilize Carrie Buck several months after the
U.S. Supreme Court upholds, in Buck v. Bell, the constitutionality of a Virginia law allowing state-enforced
sterilization.
November 12, 1927 - After being sterilized, Carrie Buck is released from the Virginia State Colony for Epileptics
and Feeble-Minded into the care of the Coleman family in Belspring, Pulaski County.
December 10, 1927 - A sterilization order is issued for Doris Buck, sister of Carrie Buck and an inmate at the
Virginia State Colony for Epileptics and Feeble-Minded.
January 25, 1928 - Doris Buck, sister of Carrie Buck, is sterilized at the Virginia State Colony for Epileptics and
Feeble-Minded.
December 31, 1930 - Pope Pius XI issues the encyclical Casti connubii (On Christian Marriage), which, among
things, criticizes eugenics.
1931 - Vivian Buck, daughter of Carrie Buck, in placed on the honor roll at Venable Elementary School in
Charlottesville. Earlier legal action involving her mother had suggested that she was feebleminded.
June 1, 1942 - In Skinner v. Oklahoma, the U.S. Supreme Court rules that sterilization cannot be imposed as
punishment for a crime.
November 20, 1945–October 1, 1946 - At the Nuremberg Trials, multiple Nazi defendants cite the U.S.
Supreme Court decision in Buck v. Bell in defense of their own sterilization efforts.
December 29, 1980 - The American Civil Liberties Union files the civil lawsuit Poe v. Lynchburg Training School
and Hospital on behalf of all sterilization victims, male and female, in the U.S. District Court for the Western
District of Virginia.
January 28, 1983 - Carrie Buck Eagle Detamore dies in a nursing home in Waynesboro and is buried in
Charlottesville's Oakwood Cemetery with her husband, Charlie Detamore.
May 2, 2002 - Governor Mark Warner apologizes for Virginia's eugenics program, and a state historic highway
marker in Charlottesville is dedicated to Buck v. Bell.
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