Buck vs. Bell, 274 U.S.

200 (1927)

FACTS:

 The Racial Integrity Act of 1924 (Sterilization Act) was approved on March, 20, 1924 for the
sterilization of those people who are mentally defective under the care of institutions supported
by the Commonwealth, by which if these people who are mentally defective will be discharged
now, would just become a menace to the society, but if incapable of procreation, might be
discharged with safety and become self – supporting with the benefit to themselves and to the
society.

 The sterilization may be conducted through vasectomy in males and salpingectomy in females. It
was believe to promote the health and welfare of the society for eugenicists believes that mental
illness and retardation, epilepsy, alcoholism, and certain criminal behavior were genetically
inherited and was feared to be weakening the gene pool of the general population.

 Carrie Buck is a feebleminded white woman who was an inmate to Virginia State Colony for
Epileptics and Feebleminded.

 She is the daughter of a feebleminded mother in the same institution, and a mother of an
illegitimate feebleminded child as a result of rape.

 The Board of Directors of the State Colony ordered the authorization for Buck’s sterilization, by
which Buck and her guardian contended that the due process clause guarantees all adults the
right to procreate which was being violated.

 They also made the argument that the Equal Protection Clause in the 14th Amendment was being
violated since not all similarly situated people were being treated the same.

 The sterilization law was only for the "feeble-minded" at certain state institutions and made no
mention of other state institutions or those who were not in an institution.

ISSUE:
Whether or not the respondent by authorizing the petitioner’s sterilization denied her right to
due process and equal protection of laws?

RULING:

 No. It was held by the Court, that Buck, her mother, and her daughter were “feebleminded” and
that it was the state’s interest to have her sterilized.

 The judgment finds the facts that have been recited that Carrie Buck is a probable potential
parent of socially inadequate offspring, likewise afflicted, that she maybe sexually sterilized
 without detriment to her general health, and that her welfare and that of society will be
promoted by her sterilization.

 Notice of the petition and of the time and place of hearing in the institution is served to the
inmate, and also upon his guardian and the board see to it that the inmate attends his hearing if
desired by him or his guardian.

 In support of Justice Holmes’ argument that the interest of the states in a "pure" gene pool
outweighed the interest of individuals in their bodily integrity, he expressed that “It is better for
all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve
for their imbecility, society can prevent those who are manifestly unfit from continuing their
kind.” And that "Three generations of imbeciles are enough.”

 The ruling legitimized Virginia's sterilization procedures until they were repealed in 1974.