ILNews

Court discusses Indiana's 1907 eugenic sterilization law

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court will host an educational seminar Wednesday about how Indiana adopted the first eugencial sterilization law in the world 100 years ago.

A panelist discussion and presentation about the law will be from 3 to 4:15 p.m. in the Supreme Court ;s courtroom at the statehouse.

Indiana passed the law in 1907, and subsequently similar laws were adopted in more than 30 states and a dozen countries worldwide. The Indiana Supreme Court overturned the state statute in 1921, but a new law was enacted in 1927 following a U.S. Supreme Court ruling that endorsed eugenic sterilization. Approximately 2,500 people in state custody were ultimately sterilized before the governor repealed all sterilization and related restrictive marriage laws in the 1970s.

But in a 1978 case, Stump v. Sparkman, the U.S. Supreme Court upheld judicial immunity for an Indiana judge whose ex parte order led to the sterilization of a 15-year-old girl.

This CLE course will involve a lawyer, bioethicist, and a physician who will discuss this still controversial topic of involuntary sterilization in historical context; they will also reflect on how new insights from the Human Genome project have affected it.

This presentation will also be broadcast online at www.in.gov/judiciary/webcast under the "special events" link. The sold-out event is free, but standby reservations are being accepted. A total of 1.3 CLE credit hours have been approved, which is part of the ongoing Indiana Supreme Court Legal History Lecture Series. Information is available by contacting Dr. Elizabeth Osborn at (317) 232-2550.

A public dedication ceremony for a state historical marker to commemorate the law will be at 12:30 p.m. Thursday on the east lawn of the Indiana State Library and Historical Building, 140 N. Senate Ave. A free symposium titled "Indiana Eugenics: History and Legacy, 1907-2007" will also be conducted that day from 8:30 a.m. to 4:30 p.m. at the library.
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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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