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Catholic Strategies for Dealing with Sterilization Statutes in the 1920S Author(S): Sharon M

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Catholic Strategies for Dealing with Sterilization Statutes in the 1920S Author(S): Sharon M American Society of Church History "A Human Being, and Not a Mere Social Factor": Catholic Strategies for Dealing with Sterilization Statutes in the 1920s Author(s): Sharon M. Leon Reviewed work(s): Source: Church History, Vol. 73, No. 2 (Jun., 2004), pp. 383-411 Published by: Cambridge University Press on behalf of the American Society of Church History Stable URL: http://www.jstor.org/stable/4146529 . Accessed: 15/03/2013 05:57 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Cambridge University Press and American Society of Church History are collaborating with JSTOR to digitize, preserve and extend access to Church History. http://www.jstor.org This content downloaded on Fri, 15 Mar 2013 05:57:40 AM All use subject to JSTOR Terms and Conditions "A Human Being, and Not a Mere Social Factor":Catholic Strategies for Dealing with SterilizationStatutes in the 1920s SHARON M. LEON In the wake of the 1927 landmark Supreme Court decision in the Buck v. Bell case, which affirmed the constitutionality of laws autho- rizing the compulsory sterilization of so-called "feeble-minded" resi- dents of state institutions, moral theologian and priest John A. Ryan took up his pen to address the issue of sterilization from a Catholics perspective. In the resulting pamphlet, Human Sterilization,Ryan ar- gued that eugenic sterilization measures were not only unscientific and bad social policy, but that the Buck decision in its articulation of civil rights represented a clear departure from the understanding of natural rights in Catholic moral teaching.' The production of this text was the first piece of literature published by the National Catholic Welfare Conference that attempted to mobilize Catholic citizens throughout the United States in active opposition to eugenic steriliza- tion laws as they came before the state legislatures. Concerted political action by the laity and the clergy, both as individuals and as members of organized Catholic groups, was espe- cially important after Buckbecause the decision marked a significant turning point for the cause of eugenics in the U.S. Just as eugenicist Harry H. Laughlin exclaimed that the decision marked the "end of the experimental period" for those in favor of eugenic sterilization laws, so too did it mark the end of an experimental period of sorts for Catholics who were determined to use the mechanisms of the U.S. political system effectively to thwart such laws.2 The increased and significantly more organized efforts of members of the hierarchy and 1. John A. Ryan, Human Sterilization (Washington, D.C.: National Catholic Welfare Con- ference, 1927), foreword, 5. A copy is located in the National Catholic Welfare Confer- ence Papers (henceforth NCWC Papers), (Collection 10) housed in the Archives of the Catholic University of America (henceforth ACUA). 2. Harry H. Laughlin, The Legal Status of Eugenical Sterilization (Chicago: Eugenics Asso- ciate of the Psychopathic Laboratory of the Municipal Court of Chicago, 1929), 7. SharonM. Leon is a doctoralcandidate in American Studies at the University of Minnesota,Twin Cities. @ 2004, The AmericanSociety of ChurchHistory ChurchHistory 73:2 (June2004) 383 This content downloaded on Fri, 15 Mar 2013 05:57:40 AM All use subject to JSTOR Terms and Conditions 384 CHURCHHISTORY lay activists to defeat sterilization legislation in the state houses in the years between the Buck decision and Pope Pius XI's 1930 condemna- tion of eugenic sterilization built on the lessons learned during en- counters earlier in the 1920s. In those early years of opposition, Catholic theologians and social activists struggled to negotiate the complexities and demands of the pluralist political climate in the United States. Though an awareness of the conflict between Catholic activists' understanding of natural rights and the worldviews that undergirded eugenics policy initiatives informed Catholic activism, it did not com- prise the centerpiece of the political strategy that they used to sway the state legislatures. Rather, this article argues that while fighting for a position that was supported by their moral tradition, Catholic activists worked within the social and political context of religious pluralism in the United States. Thus, they created a multifaceted argument against eugenic sterilization that would appeal to non- Catholics by emphasizing scientific objections to the procedure, legal questions about appeal and due process, and, finally, social justice issues raised by economic and racial status of the targeted popula- tions. Then, Catholic activists and social thinkers produced a set of materials to educate their co-religionists about the moral teachings involved with eugenic sterilization. This strategy of political activism and education, fashioned in the late 1920s, resulted in the fact that eugenicists faced opposition from U.S. Catholics in their efforts to implement sterilization legislation well into the 1940s. I. FOUNDATIONAL DIscusSIONS On April 9, 1907 the Governor of Indiana signed the nation's first eugenic sterilization law. The law marked the beginning of a slowly rising tide of similar legislation that called for the compulsory steril- ization of criminals and the mentally defective whose conditions were determined by a board of advisors to be untreatable by other means. In the decade after the signing of the Indiana bill, twelve other states enacted sterilization legislation. Despite this legislative activity, the laws were seldom put to use, and between 1913 and 1918 seven of the laws were successfully challenged on constitutional grounds.3 By 1927, twenty-three state legislatures had enacted sterilization statutes, 3. Philip R. Reilly, The Surgical Solution: A History of Involuntary Sterilization in the United States (Baltimore, Md.: The Johns Hopkins University Press, 1991), 33, 39-40. This content downloaded on Fri, 15 Mar 2013 05:57:40 AM All use subject to JSTOR Terms and Conditions CATHOLICSTRATEGIES AND STERILIZATIONSTATUTES 385 primarily concentrated in the upper Midwest and the Northwest, with a number in New England and the Mid-Atlantic.4 Developing both out of the social purity movements of the late nineteenth century and the social reform movements of Progressiv- ism, the eugenics movement in the United States experienced wide- spread popularity during the first half of the twentieth century. Draw- ing on the work of British scientist, Sir Francis Galton, biologists Charles Davenport and Harry Laughlin came to be the two most prominent eugenics promoters in the U.S. In the period before 1920, the eugenics movement consisted of a variety of local clubs and organizations that drew on the work produced by Davenport and Laughlin at the Eugenics Records Office in Cold Spring Harbor, Long Island. While eugenics was experiencing global popularity, the move- ment in the United States was the most active and the most well funded, with foundational support from the Carnegie Institute and the Rockefeller Foundation. On the local level, the movement found followers in both radicals and conservatives, and experienced signif- icant support from women's organizations.5 In the fall of 1921 at the Second International Congress of Eugenics, upon the suggestion of Scandinavian eugenicist, Jon Alfred Mjoen, Yale economist, Irving Fisher called for the formation of a national eugenics organization for the United States. His resolution launched the development of what would eventually become the American Eugenics Society. Dedicated to the research, education, and the pro- motion of the eugenics movement, the AES core leadership consisted of individuals such as Davenport and Laughlin, but also Henry Fair- field Osborn, Director of the American Museum of Natural History, and Madison Grant, nativist advocate of immigration restriction and antimiscegenation laws. By 1930 the AES had attracted over 1,200 members and had promoted a legislative agenda that eugenics sup- porters in other nations envied.6 4. Laughlin, The Legal Status of Eugenical Sterilization, 57-59. In 1927, the list of states with valid laws included California, Colorado, Connecticut, Delaware, Idaho, Indiana, Iowa, Kansas, Maine, Michigan, Minnesota, Montana, Nebraska, New Hampshire, North Dakota, Oregon, South Dakota, Utah, Virginia, Washington, and Wisconsin. The south- ern states were late to warm to the idea of eugenic sterilization legislation. Though laws were considered in Louisiana during the mid 1920s, other southern states debated the matter through the 1930s and well into the 1940s. See Edward J. Larson, Sex, Race, and Science: Eugenics in the Deep South (Baltimore, Md.: Johns Hopkins University Press, 1995). 5. Daniel J. Kevles, In the Name of Eugenics: Genetics and the Uses of Human Heredity (Cambridge, Mass.: Harvard University Press, 1995), 1-19, 41-56, 64-65. 6. Barry Mehler, "A History of the American Eugenics Society" (Ph.D. diss., University of Illinois, 1988), 36-80. This content downloaded on Fri, 15 Mar 2013 05:57:40 AM All use subject to JSTOR Terms and Conditions 386 CHURCHHISTORY Sterilization statutes, as they were
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