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Eugenics Record Office. BULLETIN No. 10A - DNA Patent Database ...

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62 EUGENICS RECORD OFFICE, <strong>BULLETIN</strong> NO. 10 A.<br />

(c) The consent of the inmate (or his guardians) to the necessary<br />

operation can often be secured, thus relieving the State<br />

from imposing upon an individual, even though he be defec-<br />

tive or insane, who may, because of such operation, bear<br />

some resentment against society. When possible such con-<br />

sent should be secured, but if such consent cannot be<br />

secured then the operation must proceed, for the protection<br />

of society must outweigh the desires or privileges of an<br />

anti-social individual.<br />

(d) There is evidence to show that sex immorality is not encour-<br />

aged or increased as a result of the sterilization of those<br />

manifestly unfit for parenthood. Our investigations indicate<br />

that such persons seldom are deterred from immoral prac-<br />

tices by any consideration which sterilization would remove,<br />

nor does the sterilization of degenerates appear further to<br />

break down the modicum of self-respect and control that<br />

normally belong to such individuals.<br />

6. It is felt that the sterilization law proposed by the committee<br />

will stand the test of constitutionality by the courts. The purely<br />

punitive sterilization law of the State of Washington was recently held<br />

by the Supreme Court of that state to be neither “cruel nor unusual.”<br />

A purely eugenical law, expertly drawn and operating humanely and<br />

applicable only to individuals who by due process of law and by scien-<br />

tific investigation are demonstrated to be social menaces of the gravest<br />

character, would probably be found constitutional in any of the several<br />

States.<br />

7. The Federal Government should exercise the same care in<br />

preventing the landing of inferior human breeding stock that the State<br />

governments should take in eliminating the inferior varieties from the<br />

stock already settled here. It should also apply eugenic principles in<br />

the administration of its several institutions for criminals and insane.<br />

8. That the segregation and sterilization feature of the proposed<br />

program be further supported by legislation and by education applic-<br />

able to persons with physical disabilities (such as hereditary blindness,<br />

deafness, deformity, constitutional weakness, and predisposition to<br />

specific diseases), but still possessed of normal mind and subject to<br />

social influence and amenable to law. If the defect be an extreme sort,<br />

such persons should be deterred from parenthood by eugenical educa-<br />

tion during their youth. Such education should be supported by laws<br />

and customs limiting or prohibiting their marriage. With some in-

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