Buck v. Bell

Jump to content

From Wikipedia, the free encyclopedia

1927 US Supreme Court sterilization case

1927 United States Supreme Court case

Buck v. Bell, 274 U.S. 200 (1927), is a landmark decision of the United States Supreme Court , written by Justice Oliver Wendell Holmes Jr. , in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including the intellectually disabled , "for the protection and health of the state" did not violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution . Despite changing attitudes about sterilization, the Supreme Court has never expressly overturned Buck v. Bell. It is widely believed to have been weakened by _Skinner v. Oklahoma _, 316 U.S. 535 (1942), which deemed compulsory sterilization of male habitual criminals unconstitutional.

Legal scholar and Holmes biographer G. Edward White , in fact, wrote, "the Supreme Court has distinguished the case [Buck v. Bell] out of existence". In addition, federal statutes, including the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 , provide protections for people with disabilities, defined as both physical and mental impairments.

Background

[(https://en.wikipedia.org/w/index.php?title=Buck_v._Bell&action=edit&section=1 "Edit section: Background")
]

The modern concept of eugenics was propounded in 1883 by Francis Galton , who also coined the name. The idea first became popular in the United States and had found proponents in Europe by the start of the 20th century; 42 of the 58 research papers presented at the First International Congress of Eugenics, held in London in 1912, were from American scientists. [_full citation needed
_] Indiana passed the first eugenics sterilization statute in 1907, but it was legally flawed. To remedy that situation, Harry Laughlin , of the Eugenics Record Office (ERO) at the Cold Spring Harbor Laboratory , designed a model eugenic law that was reviewed by legal experts. In 1924, the Commonwealth of Virginia adopted a statute authorizing the compulsory sterilization of the intellectually disabled for the purpose of eugenics, a statute closely based on Laughlin's model.

The superintendent of the Virginia State Colony for Epileptics and Feebleminded , Dr. Albert Sidney Priddy , had already performed hundreds of forced sterilizations by creatively interpreting laws which allowed surgery to benefit the "physical, mental or moral" condition of the inmates at the Colony. Looking to determine if the new law would survive a legal challenge, Priddy filed a petition with his board of directors to sterilize Carrie Buck , an 18-year-old patient at the institution who he claimed had a mental age of 9.

Carrie Buck (left) at the Virginia State Colony for Epileptics and Feebleminded along with her birth mother Emma Buck in 1924

Priddy maintained that Buck represented a genetic threat to society. According to him, Buck's 52-year-old mother possessed a mental age of 8, had a record of prostitution and immorality , and had three children without good knowledge of their paternity. Carrie Buck, one of those children, had been adopted and attended school for five years, reaching the level of sixth grade. However, according to Priddy, Buck eventually proved to be "incorrigible" and gave birth to an illegitimate child. Her adoptive family had her committed to the State Colony as "feeble-minded ", feeling they were no longer capable of caring for her. It was later claimed that Buck's pregnancy was not caused by any "immorality" on her own part. In the summer of 1923, while her adoptive mother was away "on account of some illness", her adoptive mother's nephew allegedly raped Buck, and her later commitment has been described as an attempt by the family to save their reputation.

Buck family

[(https://en.wikipedia.org/w/index.php?title=Buck_v._Bell&action=edit&section=2 "Edit section: Buck family")
]

Carrie Buck was born in Charlottesville, Virginia , the first of three children born to Emma Buck; she also had a half-sister, Doris Buck, and a half-brother, Roy Smith. Little is known about Emma Buck except that she was poor and married to Frederick Buck, who abandoned her early in their marriage. Emma was committed to the Virginia State Colony for Epileptics and Feebleminded after being accused of "immorality", prostitution , and having syphilis .

Blood kin of Carrie Buck

After her birth, Carrie Buck was placed with foster parents , John and Alice Dobbs. She attended public school , where she was noted to be an average student. When she was in sixth grade, the Dobbses removed her to have her help with housework.

At 17, Buck became pregnant as a result of being raped by Alice Dobbs' nephew, Clarence Garland.

On January 23, 1924, the Dobbses had her committed to the Virginia Colony for Epileptics and Feebleminded on the grounds of feeblemindedness, incorrigible behavior, and promiscuity . Her commitment is said to have been due to the family's embarrassment at Buck's pregnancy from the rape incident.

On March 28, 1924, she gave birth to a daughter. Since Buck had been declared mentally incompetent to raise her child, the Dobbses adopted the baby and named her "Vivian Alice Elaine Dobbs". She attended Venable Public Elementary School of Charlottesville for four terms, from September 1930 until May 1932. By all accounts, Vivian was of average intelligence, far above feeblemindedness.

She was a perfectly normal, quite average student, neither particularly outstanding nor much troubled. In those days before grade inflation, when C meant "good, 81–87" (as defined on her report card) rather than barely scraping by, Vivian Dobbs received A's and B's for deportment and C's for all academic subjects but mathematics (which was always difficult for her, and where she scored a D) during her first term in Grade 1A, from September 1930 to January 1931. She improved during her second term in 1B, meriting an A in deportment, C in mathematics, and B in all other academic subjects; she was placed on the honor roll in April 1931. Promoted to 2A, she had trouble during the fall term of 1931, failing mathematics and spelling but receiving A in deportment, B in reading, and C in writing and English. She was "retained in 2A" for the next term – or "left back" as we used to say, and scarcely a sign of imbecility as I remember all my buddies who suffered a similar fate. In any case, she again did well in her final term, with B in deportment, reading, and spelling, and C in writing, English, and mathematics during her last month in school. This daughter of "lewd and immoral" women exce

…