In Virginia, of 1927, mental facilities were allowed to perform a surgery to prevent “feeble minded” people from having children. This was because of eugenics, or the belief that mental illness could be passed down through generations. This is the reason behind the Buck v Bell case which is the only Supreme Court case that an intrusive medical procedure was considered a government policy (Lombardo).
In June of 1924, Carrie Buck, an 18 year old Charlottesville native, was hospitalized by her adopted family for being “feeble minded” after the birth of her illegitimate child. Bucks birth mother, Emma Harlowe Buck, was reported to also be mentally ill. She and Carrie both had children out of wedlock, and were both committed to the Virginia State Colony for Epileptics and Feeble-Minded, so their illnesses could not be passed on even more. This fear of eugenics caused Carrie Buck’s doctor, Albert Priddy, to request Carrie’s sterilization. While the request for Buck's sterilization was moving through the courts it was discovered that Carrie was not put away for being “feeble minded”. Her adopted family had put Carrie in the hospital in order to save their reputation after a member of the family had raped Carrie, causing her pregnancy. Carrie and Emma appealed to
…show more content…
the county courts who agreed with the board's decision for sterilization, sending the case to the Supreme Court of Appeals of Virginia (Legal). Bucks lawyer, Irving Whitehead, stated that the due process clause guarantees the right of adults to procreate, and Carries sterilization was violating that right. Whitehead also argued that the Equal Protection Clause in the 14th Amendment was being violated since not all similarly situated people were being treated this way (Wikipedia). Sadly, on May 2, in an 8-1 decision Carrie, her mother, and Carries daughter were accepted in the court as “feeble minded” and “promiscuous”.
This ruling was written by Justice Oliver Wendell Holmes Jr. arguing that Carries sterilization was to preserve a “pure” gene pool, and to protect the mentally ill from themselves and society. To end his argument Holmes declared, “Three generations of imbeciles are enough.”. Referring to Emma, Carrie, and Vivian, Carries daughter. No other Justice on the court wrote a dissenting opinion. Five months after the case Carrie was sterilized by John Bell, and released from the mental hospital a month later. The Buck v Bell case legitimized Virginia's sterilization
procedure. After the Buck v Bell case the Daily Progress in Charlottesville, praised Carries sterilization and called it a step towards “progressive tendencies”. Seven US states and Puerto Rico agreed with this and enacted sterilization laws. Almost 28,000 people were sterilized in the years following the Buck case, 8,000 of those were from Virginia. When sterilization because of eugenics reached England it did not take hold because doctors did not feel that our knowledge of mental illness was that in depth. During the Nuremberg trials Nazi defendants used Holmes decision in the Buck v Bell case to their defense of sterilization of Jews, gypsies, and the handicapped. Thankfully, in 1974 Virginia repealed its sterilization laws, and the hospital that Carrie and her mother had been committed to was sued on behalf of those who had been sterilized. Now, many historians believe that Carrie nor her daughter had mental illness. Vivian, Carrie’s daughter was on the honor roll at her elementary school, a year before she died of measles in 1932. After Carrie Buck's death in 1983, on the 75th anniversary of her trial, Virginia's governor apologized for Virginia's eugenics program.
“What Numbers of procur’d Abortions! and how many distress’d Mothers have been driven, by the Terror of Punishment and public Shame, to imbrue, contrary to Nature, their own trembling Hands in the Blood of their helpless Offspring! Nature would have induc’d them to nurse it up with a Parent’s Fondness. ’Tis the Law therefore, ’tis the Law itself that is guilty of all these Barbarities and Murders.” Franklin writes this to show that mothers of illegitimate child fear the ridicule and punishments that are handed down from the Government of the colonies and jury. In fact, the mothers are willing to have an abortion to terminate the child in order to skip out on the chastisement. He turns the tables on the jury to make them uncomfortable with bringing down punishments on Miss Baker and other mothers who have children out of wedlock. This type of comment is amazing to me because if something like this were to be said in this day in age, it would be shut down immediately due to the fact that it is not politically
Kenneth Edelin was a 35 year old third year medical resident at the Boston City Hospital. This hospital was known for many poor coming into it. This was also a place for research. By this time research was still being conducted on fetuses and embryos. When a patient came to the hospital for an abortion she also signed a waiver for them to test on her. They called her “Alice Roe” and she was only 17 years old but had the consent of her mother to proceed with the abortion.This patient was estimated by the supervisor over the residents, Hugh Holtrop, to be about twenty-two weeks pregnant but the other residents Enrique Giminez and Steve Teich disagreed. They estimated that she was about twenty-four weeks pregnant. Edlein was put in charge of doing the
Margaret Sanger was, at large, a birth control activist, but this speech was more about the questioning of birth control corrupting morality in women. People must remember, in the day and age where Sanger presented this speech, November 1921, women were considered very far from equal and much closer to servants or maids. In her speech, I saw that ethos was present in the sense that she gave herself credibility. Through Sanger’s detailed words and actions, and her statements including the presence of scientists and, or, professionals, the masses of listening people could infer that she was very well informed and solid in her statements. Though she presented herself as agreeable, Sanger was firm in her beliefs. In addition, Sanger says, “We desire to stop at its source the disease, poverty and feeble-mindedness and insanity which exist today, for these lower the standards of civilization and make for race deterioration. We know that the masses of people are growing wiser and are using their own minds to decide their individual conduct” (Sanger, par.15). To me, Sanger made herself appeal to the audience by using the word ‘we.’ In the practice of ethos, this focused on the author more than...
Galton, David J., and Clare J. Galton. "Francis Galton: And Eugenics Today." Journal of Medical Ethics, 24.2 (1998): 99-101. JSTOR. Web. 8 Mar. 2010.
“I argue that it is personhood, and not genetic humanity, which is the fundamental basis for membership in the moral community” (Warren 166). Warren’s primary argument for abortion’s permissibility is structured around her stance that fetuses are not persons. This argument relies heavily upon her six criteria for personhood: A being’s sentience, emotionality, reason, capacity for communication, self-awareness, and having moral agencies (Warren 171-172). While this list seems sound in considering an average, healthy adult’s personhood, it neither accounts for nor addresses the personhood of infants, mentally ill individuals, or the developmentally challenged. Sentience is one’s ability to consciously feel and perceive things around them. While it is true that all animals and humans born can feel and perceive things within their environment, consider a coma patient, an individual suspended in unconsciousness and unable to move their own body for indeterminate amounts of time. While controversial, this person, whom could be in the middle of an average life, does not suddenly become less of a person
The Roaring Twenties were known as a time of economic boom, pop culture and social developments. This was a time when women began to break norms, they acted rebelliously such as wearing releveling clothing, smoking, and drinking. These women were known as “flappers” who wanted to change their roles in the 1920’s. Birth control activist, Margaret Sanger sought to change the world where women had access to a low cost, effective contraception pill. In “The Morality of Birth Control” Sanger battled opponents who claimed that contraception would cause women to become immoral. The author uses rhetorical devices such as ethos, pathos, and fallacies to back up her claim while touching on issues in the church, advancements of women, and the source of disease in the world.
The criterion for personhood is widely accepted to consist of consciousness (ability to feel pain), reasoning, self-motivation, communication and self-awareness. When Mary Anne Warren states her ideas on this topic she says that it is not imperative that a person meet all of these requirements, the first two would be sufficient. We can be led to believe then that not all human beings will be considered persons. When we apply this criterion to the human beings around us, it’s obvious that most of us are part of the moral community. Although when this criterion is applied to fetuses, they are merely genetic human beings. Fetuses, because they are genetically human, are not included in the moral community and therefore it is not necessary to treat them as if they have moral rights. (Disputed Moral Issues, p.187). This idea is true because being in the moral community goes hand in hand w...
The facts of this case show that Roe, who at the time was a single woman, decided to challenge the State of Texas’s abortions laws. The law in that state stated that it was a felony to obtain or attempt an abortion except on medical advice to save the life of the mother (Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 1973). At the time many illegal abortions were being performed in back alleys and in very unsanitary conditions. Therefore, some states began to loosen up on abortion restrictions, in which some women found it easy to travel to another state where the abortion laws were less restrictive and they could find a doctor was willing to endorse the medical requirement for an abortion. Unfortunately, less fortunate or poor women could seldom travel outside their own state to get the treatment, which started to raise questions of fairness. Also, many of the laws were vague; therefore many doctors really didn’t know whether they were committing ...
The early history of mental illness is bleak. The belief that anyone with a mental illness was possessed by a demon or the family was being given a spiritual was the reason behind the horrific treatment of those with mental illness. These individuals were placed into institutions that were unhygienic and typically were kept in dark, cave like rooms away from people in the outside world. The institutions were not only dark and gross; they also used inhumane forms of treatment on their patients. Kimberly Leupo, discusses some of the practices that were used, these included may types of electro shocks, submitting patients to ice bath, as well as many other horrific events (Leupo). Lobotomies, which are surgical procedures that cut and scrape different connections in the brain, were very common practice. They were thought to help cure mental illness, but often ended up with more damage than good.
As time goes on, the law has put more emphasis on facility just like Bridgewater State Hospital in which many of the actions of the facility workers can face legal consequences such as facing prison time, fines, lawsuits, and etc. Society has a better understanding of why certain people act the way that they do and being more knowledgeable about psychology and mental diseases allows us to have a different approach when dealing with these topics or these individuals. In today’s era, there are many normal individuals who are willing to stand up for those who do not have a voice of their own. I believe that this change in one’s ability to stand up for another individual or group of individuals is what brought about change to the medical environment of those who are mentally
Patients would experience neglect but a lot of mentally disabled people did not have any rights in these institutions. One right that was taken away from these patients is that they were sterile. The hospital would make them unable to have children through sterilization. Scott wrote, “Under eugenic sterilization laws in effect in many states, retarded persons were routinely sterilized without their consent or knowledge. (1986)” Patients with mental disabilities would become sterile and the hospital wouldn’t even tell the patient. As you can see little amount of rights were given to these
Until the mid 1800s, abortion was unrestricted and unregulated in the United States. The justifications for criminalizing it varied from state to state. One big reason was population control, which addressed fears that the population would be dominated by the children of newly ...
Cornelia Hughes Dayton, the author of the article “Taking the Trade: Abortion and Gender Relations in an Eighteenth-Century New England Village,” found in Women and Health in America, describes the common argument as to why abortion may have taken place. In the article Dayton discusses a couple, Sarah Grosvenor and Amasa Sessions, that had a sexual relationship that led to pregnancy, and then abortion in 1742, a time when abortion was not illegal, but was not accepted completely by society. The issue in the Grosvenor-Sessions case was that Grosvenor died after John Hallowell performed an abortion. A case was initiated three years after Sarah’s death to investigate her death as a murder committed by Hallowell, Sessions, Sarah’s sister, and her cousin (the last three being accessories to the murder). Sarah Grosvenor’s sister and cousin’s charges were dropped and no punishment occurred. For S...
In the year March 1970, a woman dubbed Jane Roe took federal action against Texas abortion laws. These laws prevented Roe from terminating her pregnancy because abortions were only allowed in the scenario that the fetus was harming the life of the mother (Rosenbaum 63). Because Roe wasn’t in any way harmed by her pregnancy, she could not get an abortion. “Roe believed that TX statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments” (Rosenbaum 64). She wanted an abortion done professionally in a clean and safe environment (Rosenbaum 63). Women before the legalization of abortion would resort to unsafe methods to terminate their baby (Tribe 113).
Advocates of criminalization also stressed society’s obligation to halt the declining birthrate among white Americans. And many stressed the need to protect the sanctity of motherhood and the chastity of white women; abortion, after all, supported the separation of sexual intercourse from reproduction. For many physicians and others, all of these concerns where generally more trenchant in the nineteenth century than the issue of fetal life. (Solinger: 5).