Alabama passes sexual sterilization legislation

September 29, 1919. The Legislature of Alabama passes "An act to provide for the establishment and maintenance of a home for mental inferiors in Alabama; to define who are mental inferiors; to provide for their care, treatment and training, and to appropriate the money necessary therefor from the State Treasury". The aim of this legislation was to outline how the care, housing, and finances of an institution for the mentally disabled was to operate.

The legislation established "The Alabama Home" as the institution for the housing and care of people with mental disabilities within the state. It specified that the institution should be managed by a board of managers, and that the board appoint a superintendent to run the day to day administration (Gen. Law of the Leg. of Alabama., No. 704, §309, sec. 1-3, 1023-1024).

This legislation further specified the conditions for regarding someone as "mentally inferior or deficient". In order to count, someone was required to be classifiable under the existing psychiatric and medical categories, for example, being feebleminded, idiotic, imbecilitic, insane, violent or epileptic; this also included a more general category for people considered problematic to leave living within the general public (Gen. Law of the Leg. of Alabama., No. 704, §309, sec. 6., 1025). A person could be admitted to the institution if an application was approved by both state courts and the board of the institution (Gen. Law of the Leg. of Alabama., No. 704, §309, sec. 8-9., 1026).

Most notably, however, this legislation allowed the superintendent of the Alabama Home to sterilize any patient so as long as approval was given by the superintendent at the associated Alabama Insane Hospital. (Gen. Law of the Leg. of Alabama., No. 704, §309, sec. 10, 1026). Striking about this last point is that, unlike other sterilization laws at the time, no further provisions were included. There were no legal or procedural safeguards for patients.

-Luke Kersten

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

  • State of Alabama. (1919). An act to provide for the establishment and maintenance of a home for mental inferiors in Alabama; to define who are mental inferiors; to provide for their care, treatment and training, and to appropriate the money necessary therefore from the State Treasury. General Law of the Legislature of Alabama.

Alabama passes sexual sterilization legislation

September 29, 1919. The Legislature of Alabama passes "An act to provide for the establishment and maintenance of a home for mental inferiors in Alabama; to define who are mental inferiors; to provide for their care, treatment and training, and to appropriate the money necessary therefor from the State Treasury". The aim of this legislation was to outline how the care, housing, and finances of an institution for the mentally disabled was to operate.

The legislation established "The Alabama Home" as the institution for the housing and care of people with mental disabilities within the state. It specified that the institution should be managed by a board of managers, and that the board appoint a superintendent to run the day to day administration (Gen. Law of the Leg. of Alabama., No. 704, §309, sec. 1-3, 1023-1024).

This legislation further specified the conditions for regarding someone as "mentally inferior or deficient". In order to count, someone was required to be classifiable under the existing psychiatric and medical categories, for example, being feebleminded, idiotic, imbecilitic, insane, violent or epileptic; this also included a more general category for people considered problematic to leave living within the general public (Gen. Law of the Leg. of Alabama., No. 704, §309, sec. 6., 1025). A person could be admitted to the institution if an application was approved by both state courts and the board of the institution (Gen. Law of the Leg. of Alabama., No. 704, §309, sec. 8-9., 1026).

Most notably, however, this legislation allowed the superintendent of the Alabama Home to sterilize any patient so as long as approval was given by the superintendent at the associated Alabama Insane Hospital. (Gen. Law of the Leg. of Alabama., No. 704, §309, sec. 10, 1026). Striking about this last point is that, unlike other sterilization laws at the time, no further provisions were included. There were no legal or procedural safeguards for patients.

-Luke Kersten

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

  • State of Alabama. (1919). An act to provide for the establishment and maintenance of a home for mental inferiors in Alabama; to define who are mental inferiors; to provide for their care, treatment and training, and to appropriate the money necessary therefore from the State Treasury. General Law of the Legislature of Alabama.