(5) Provide for the nomination of individuals for sterilization, by suitable procedure.
(6) Make an adequate investigation of each case, the family history being the most important part, and one which is often neglected at present.
(7) Have express and adequate criteria for determining upon sterilization.
(8) Designate the type of operation authorized.
(9) Make each distinct step mandatory and fix definitely the responsibility for it.
(10) Make adequate appropriation for carrying out the measure.
Tested by such standards, there is not a sterilization law in existence in the United States at the time this is written that is wholly commendable; and those introduced in various states during the last few years, but not passed, show few signs of improvement. It is evident that the commendable zeal has not had adequate guidance, in the drafting of sterilization legislation. The committee above referred to has drawn up a model law, and states which wish to adopt a program of legislative sterilization should pass a measure embodying at least the principles of this model law. But, as we have pointed out, wholesale sterilization is an unsatisfactory substitute for segregation. There are cases where it is advisable, in states too poor or niggardly to care adequately for their defectives and delinquents, but eugenists should favor segregation as the main policy, with sterilization for the special cases as previously indicated.
There is another way in which attempts have recently been made to restrict the reproduction of anti-social persons: by putting restrictions on marriage. This form of campaign, although usually calling itself eugenic, has been due far less to eugenists than to sex hygienists who have chosen to sail under a borrowed flag. Every eugenist must wish them success in their efforts to promote sex hygiene, but it is a matter of regret that they can not place their efforts in the proper light, for their masquerade as a eugenic propaganda has brought undeserved reproach on the eugenics movement.
The customary form of legal action in this case is to demand that both applicants for a marriage license, or in some cases only the male, sign an affidavit or present a certificate from some medical authority stating that an examination has been made and the applicant found to be free from any venereal disease. In some cases other diseases or mental defects are included. When the law prevents marriage on account of insanity, feeble-mindedness, or other hereditary defect, it obviously has a eugenic value; but in so far as it concerns itself with venereal diseases, which are not hereditary, it is only of indirect interest to eugenics. The great objection to such laws is that they are too easily evaded by the persons whom they are intended to reach—a fact that has been demonstrated conclusively wherever they have been put in force. Furthermore, the nature of the examination demanded is usually wholly inadequate to ascertain whether the applicant really is or is not afflicted with a venereal disease. Finally, it is to be borne in mind that the denial of a marriage license will by no means prevent reproduction, among the anti-social classes of the community.
For these reasons, the so-called eugenic laws of several states, which provide for a certificate of health before a marriage license is issued, are not adequate eugenic measures. They have some value in awakening public sentiment to the value of a clean record in a prospective life partner. To the extent that they are enforced, the probability that persons afflicted with venereal disease are on the average eugenically inferior to the unaffected gives these laws some eugenic effect. We are not called on to discuss them from a hygienic point of view; but we believe that it is a mistake for eugenists to let legislation of this sort be anything but a minor achievement, to be followed up by more efficient legislation.