Colorado
Number of Victims
There were no legal sterilizations recorded in
Passage of law(s)
No laws were passed that legalized compulsory sterilizations although there were four attempts made in 1908, 1913, 1925, and 1928 (Prince). There was, however, a 1922 case in which a Colorado judge attempted to force a woman to choose between having her children sent to a state institution or to submit herself to being sterilized (Paul, p. 574). The results of this case are unknown (Paul, p. 575). In the 1990s a case reached the Colorado Supreme Court in which they tried to determine whether a woman had the mental capacity to decide for herself if she should be sterilized (in order to avoid the risks to her health that her Diabetes would increase upon becoming pregnant) (Field and Sanchez, p. 55). The court ruled that she was mentally incompetent and therefore made the decision for her that she should be sterilized although she expressly stated that she wished to retain reproductive capabilities (Field and Sanchez, p. 56). This ruling was preceded by a similar case in New Jersey which ruled in favor of the parents in their request to have their daughter with Down syndrome sterilized because they judged it to be in her best interests (Reilly, p. 167).
Groups identified in the Law
The groups identified in the proposed bills were the “insane” (Paul, p. 576).
Precipitating factors and processes
Although no law was passed, the eugenics movement was very alive in Colorado as demonstrated by the fact that several attempts were made to legalize compulsory sterilization of the “hereditarily unfit” (Paul, p. 575). The movement was especially focused around the Colorado Medical Society which churned out eugenic propaganda, ran a eugenic journal, and lobbied intensely for legislation (Prince, p. 2). Another strong factor in the popularity of eugenic ideas were the Colorado Women’s Clubs which were already seen as very progressive because Colorado was the first official state to grant suffrage to its women. These woman spearheaded events such as eugenic baby shows in order to persuade the people of Colorado that hereditary fitness was essential to the success of the human race (Prince).
Groups targeted and victimized
When attempts at passing legislature to sterilize the insane failed, those in poverty became targets of eugenic prejudices (Paul, p. 576). Those who were victimized were specifically poor mothers who relied on public assistance from the state to raise their children (Paul, p. 574).
Other restrictions placed on those identified in the law or with disabilities in general
It was illegal to use contraceptives which made it difficult to avoid pregnancy. This lack of birth control increased the chances of a woman who was unable to fiscally support her family, of having more children (Paul, p.574). Colorado still has strict marriage restriction laws that prohibit marriages between people “lacking the capacity due to mental infirmity (…) or inability to consummate”, although it does permit marriages between first cousins (Jrank.org).
Major proponents
(Photo origin: Pueblo Community College; available at http://www.pueblocc.edu/AboutUs/Foundation/AnnualFundraiser/1992_Inductees.htm)
The most famous advocate of eugenic policies in the state of
Colorado was Richard Corwin (Prince). He
was the director of the Colorado Coal and Iron Company’s industrial health
clinic in
Opposition
The magazine Law Notes
expressed a concrete disapproval of the court case in which a mother was forced
to make the “cruel decision” of either giving up her children or of allowing
herself to be sterilized. The editors of
this publishing argued that it was illogical to prevent the dissemination of
contraceptive information and then punitively punish those who have children
and need aid from the state (Paul, p. 575).
The strongest force of opposition came from the Catholic circles of
Bibliography
Field,
Martha A., and Valerie A. Sanchez. 2001. Equal Treatment for People with
Mental Retardation: Having and Raising Children.
JRank.org. “Annulment and Prohibited Marriage laws - Information on the law about Annulment and Prohibited Marriage - Prohibited Marriage.” Available at <http://law.jrank.org/pages/11834/Annulment-Prohibited-Marriage-Prohibited-Marriage.html">
Paul,
Julius. 1965. “‘Three Generations of Imbeciles Are Enough': State Eugenic
Sterilization Laws in American Thought and Practice.” Unpublished manuscript.
Prince, Rob. 1999. “Colorado's Secret Scalpel Page.” (November 24). Available at <http://clem.mscd.edu/~princer/ant440b/article_scalpel.htm>.
Pueblo
Community College. “Pueblo Hall of Fame: 1992 Inductees.” Available at
<http://www.pueblocc.edu/AboutUs/Foundation/AnnualFundraiser/1992_Inductees.htm
>.
Reilly, Phillip R. 1987. “Involuntary Sterilization in the United States: A Surgical Solution.” The Quarterly Review of Biology 62: 153-70.
Reynolds, Dave. 2003. “The Eugenic Apologies.” Ragged Edge Online (November/December). Available at <http://www.ragged-edge-mag.com/1103/1103ft1.html>.