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PDF1 - University of Maryland School of Law

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American Coalition <strong>of</strong> Citizens with Disabilities,told the Commission in 1980:Within the Colonies, and later the States, communitymores recognized indolence as a prime evil. Becausepopular perceptions equated disability with inability,existence <strong>of</strong> a disability appeared reason enough to deny aperson the right to participate in societal life. 35In the late 19th and early 20th centuries, acceptance<strong>of</strong> the purported science <strong>of</strong> eugenics resultedin the view that people with disabilities were aburden to be regarded as a menace. The AmericanCoalition <strong>of</strong> Citizens with Disabilities has summarizedthis history in a brief submitted to the UnitedStates Supreme Court: 36Th[e] stark history is. . .<strong>of</strong> the regime <strong>of</strong> segregationand degradation which by force <strong>of</strong> state statute deemedretarded people to be "unfit for citizenship." 37 In everystate in inexorable fashion handicapped persons werelegislatively declared a "menace to the happiness. . .<strong>of</strong> thecommunity," 38 "unfitted for companionship with otherchildren," 39 a "blight on mankind" 40 whose very"presence" 41 in the community was "detrimental tonormal" people. 42Official policy was to "purge society" 43 <strong>of</strong> these "antisocialbeings," 44 to "segregate [them] from the world," 45so that they "not. . .be returned to society" 46 since a"defect. . .wounds our citizenry a thousand times morethan any plague." 47 Disabled persons simply did not havessF. Bowe, An Overview Paper on Civil Rights Issues <strong>of</strong>Handicapped Americans: Public Policy Implications, in U.S. Commissionon Civil Rights, Civil Rights Issues <strong>of</strong> HandicappedAmericans: Public Policy Implications 7, 9 (1980).38Amicus Curiae brief for the American Coalition <strong>of</strong> Citizenswith Disabilities, Bowen v. Am. Hosp. Ass'n, 476 U.S. 610 (1986).The text <strong>of</strong> footnotes 37 through 58 are reprinted as theyappeared in the brief.371920 Miss. <strong>Law</strong>s 294, ch. 210, §17.381919 Ala. Acts 739, No. 568, §7.391909 Wash. <strong>Law</strong>s 260, tit. I, subch. 6, §2.40Report <strong>of</strong> the Vermont <strong>School</strong> for the Feeble-Minded 17-18(1916).41Report <strong>of</strong> the Rhode Island <strong>School</strong> for the Feeble-Minded 21(1910).42California Board <strong>of</strong> Charities and Corrections, First BiennialReport 41 (1905).43Wisconsin Board <strong>of</strong> Control, Biennial Report 321 (1898).44Report <strong>of</strong> the Commission on Segregation, Care and Treatment<strong>of</strong> Feeble-Minded and Epileptic Persons in Pennsylvania 43Minded Youth 14 (1914).46First Biennial Report <strong>of</strong> the Board <strong>of</strong> Commissioners <strong>of</strong>Nebraska Institutions 10 (1915).47Fourth Biennial Report <strong>of</strong> the Board <strong>of</strong> Trustees <strong>of</strong> the UtahState Training <strong>School</strong> 3 (1938).48Fourth Biennial Report <strong>of</strong> the South Dakota Commission forSegregation and Control <strong>of</strong> the Feeble-Minded 3 (1932).(1913).45Thirty-Sixth Annual Report <strong>of</strong> the Indiana <strong>School</strong> for Feeble-the "rights and liberties <strong>of</strong> normal people." 48 The District<strong>of</strong> Columbia Board <strong>of</strong> Charity urged Congress, and itagreed, to authorize putting handicapped people awaysince they were "not much above the animal." 49 Handicappedpeople were "not far removed from the brute," 50not quite persons, but "by-products <strong>of</strong> unfinished humanity"51 who were to be segregated for the benefit "<strong>of</strong>society," 52 "to relieve society <strong>of</strong> the 'heavy economic andmoral losses arising from the existence at large <strong>of</strong> theseunfortunate persons.' " 53 It was important to find a "way<strong>of</strong> getting rid <strong>of</strong> these kinds <strong>of</strong> cases." 54 Governmentreports labeled handicapped people "a parasitic predatoryclass," 55 a "danger to the race," 56 "a blight and amisfortune both to themselves and to the public" 57 whoserole "in discounting social progress is by far the mostpotent influence for evil under which society is strugglingtoday." 58As Justice Thurgood Marshall noted:Fueled by the rising tide <strong>of</strong> Social Darwinism, the"science" <strong>of</strong> eugenics, and the extreme xenophobia <strong>of</strong>those years, leading medical authorities and others beganto portray the "feebleminded" as a "menace to society andcivilization. . .responsible in large degree for many, if notall, <strong>of</strong> our social problems." 59Attitudes toward individuals with a disabilitywere harsh. One article in the Massachusetts MedicalSociety magazine in 1912 stated that "[t]he socialand economic burdens <strong>of</strong> uncomplicated feeble-mindednessare only too well known. The feeble-mindedare a parasitic, predatory class, never capable <strong>of</strong> self49District <strong>of</strong> Columbia Appropriations Bills: Hearings Before theComm. on Appropriations, 67th Cong., 2d Sess. 96 (Jan. 13, 15,1932).50Mental Defectives in Virginia: Special Report <strong>of</strong> the Board <strong>of</strong>Charities and Corrections to the General Assembly <strong>of</strong> 2926, at 20.51Baldwin, The Causes, Prevention and Care <strong>of</strong> Feeble-MindedChildren, in Proceedings <strong>of</strong> the Texas Conference <strong>of</strong> Charities andCorrections at Its Second Annual Meeting 87 (1912).s2See, e.g., 1919 Ga. <strong>Law</strong>s 379, No. 373, §3.531915 Tex. Gen. <strong>Law</strong>s 143, ch. 90, §§1,2.54Connecticut <strong>School</strong> for Imbeciles: Hearings on H.B. No. 644Before the Joint Standing Committee on Humane Institutions 20(typed transcript, Feb. 25, 1915) (statement <strong>of</strong> Mr. Kerner <strong>of</strong>Waterbury).55Report <strong>of</strong> the Vermont <strong>School</strong> for Feeble-Minded Children17-18 (1916).56Report <strong>of</strong> the Legislative Visiting Committee, Wise. Sen. J. 263(48th Leg. Sess.).57Thirteenth Biennial Report <strong>of</strong> the Kansas <strong>School</strong> for Feeble-Minded Youth 12 (1906).58Mental Defectives in Indiana: Third Report <strong>of</strong> the Committeeon Mental Defectives 6 (1922).59City <strong>of</strong> Cleburne v. Cleburne Living Center, 473 U.S. 432,461-62 (1985) (Marshall, J., concurring) (quoting H. Goddard,The Possibilities <strong>of</strong> Research as Applied to the Prevention <strong>of</strong>Feeblemindedness, in Proceedings <strong>of</strong> the National Conference <strong>of</strong>Charities and Correction 307 (1915)).24

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