Buck V. Bell - The Effect of The Ruling

The Effect of The Ruling

The effect of Buck v. Bell was to legitimize eugenic sterilization laws in the United States as a whole. While many states already had sterilization laws on their books, their use was erratic and effects practically non-existent in every state except for California. After Buck v. Bell, dozens of states added new sterilization statutes, or updated their constitutionally non-functional ones already enacted, with statutes which more closely mirrored the Virginia statute upheld by the Court.

The Virginia statute which the ruling of Buck v. Bell supported was designed in part by the eugenicist Harry H. Laughlin, superintendent of Charles Benedict Davenport's Eugenics Record Office in Cold Spring Harbor, New York. Laughlin had, a few years previously, conducted a number of studies on the enforcement of sterilization legislation throughout the country and had concluded that the reason for their lack of use was primarily that the physicians who would order the sterilizations were afraid of prosecution by patients whom they operated upon. Laughlin saw the need to create a "Model Law" which could withstand a test of constitutional scrutiny, clearing the way for future sterilization operations. Adolf Hitler closely modelled his Law for the Prevention of Hereditarily Diseased Offspring on Laughlin's "Model Law". The Third Reich held Laughlin in such regard that they arranged for him to receive an honorary doctorate from Heidelberg University in 1936. At the Nuremberg trials after World War II, Nazi doctors explicitly cited Holmes's opinion in Buck v. Bell as part of their defense.

Sterilization rates under eugenic laws in the United States climbed from 1927 until Skinner v. Oklahoma, 316 U.S. 535 (1942). While Skinner v. Oklahoma did not specifically overturn Buck v. Bell, it created enough of a legal quandary to discourage many sterilizations. By 1963, sterilization laws were almost wholly out of use, though some remained officially on the books for many years. Virginia's state sterilization law was repealed in 1974.

The story of Carrie Buck's sterilization and the court case was made into a television drama in 1994, Against Her Will: The Carrie Buck Story. It was also referred to in 1934's sensational film Tomorrow's Children.

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