User:Msyoung22/Sterilization of Latinas

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Involuntary sterilization programs were in some instances supported and funded by the states. In California, the rationale for forced sterilization was primarily for eugenics purposes, although this later shifted to a fear of overpopulation and welfare dependency.

California passed the third law in the United States that allowed state institutions to sterilize “unfit” and “feeble-minded” individuals. As eugenics gained credibility as a field in science, sterilization rates increased, especially after the 1927 Buck v. Bell U.S. Supreme Court decision, which upheld the constitutionality of sterilization laws in Virginia. See below. According to available data, California performed one third of all reported sterilization procedures in the United States between 1910 and 1960.

Although the Californian state was the third state to legalize sterilization as mentioned previously, it has made the greatest impact by performing over half of the sterilization procedures throughout the eugenics era from 1907 to 1979. Their laws granted prison authorities and asylum medical superintendents the right to sterilize a patient if it would be proven to better their conditions. It surpassed the other 32 states who had passed eugenics laws due to its large Latino incarnation rates and advocacy found within the eugenics movements. Between 1920 and 1945, over 17,000 individuals were recommended for sterilization in California. During this time, Latinas were at a 59% greater risk of being sterilized than non-Latinas. Eugenic philosophy claimed scientific legitimacy to uphold racial stereotypes of latino/as, deeming them as unfit and even "hyper-fertile, inadequate mothers, criminally inclined, and more prone to feeblemindedness." At a time of segregation and growing anti-Mexican immigration sentiment, eugenic programs have been linked to efforts to reduce immigration."Novak_2018" The unjust laws in California from 1909 to 1979 allowed for nonconsensual sterilization of over 20,000 individuals.

The forced sterilizations in California began in 1909 when a eugenics law was passed. It allowed doctors to sterilize people who were thought to be "unfit" to have children at state hospitals. Before this law was nullified in 1979, more than 20,000 people, including teenagers were victims of this sterilization. Doctors recommended people who they thought should be sterilized for certain reasons; this included not only people with a medical condition but also perfectly healthy ones as well. Minors as young as thirteen years old were sterilized. This law was meant to keep the "undesirable population" from growing. Women of Latina Origin were 59% more likely to be sterilized than women who were not of latino descent.

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An example of California's eugenic and neo-eugenic practices is a case from 1966. Nancy Hernandez was a 21-year-old mother of two in Santa Barbara California. Nancy pleaded guilty, in 1966, for being with her boyfriend, Joseph Sanchez, while he used illegal narcotics. The judge that was over the trial, Judge Kearney, requested that if she wanted to get probation then she must submit to sterilization. The judge's reason behind his decision was that if she acts immorally then she should not be allowed to have more children. Hernandez inevitably did not submit to forced sterilization and instead was sentenced to three months in jail. Following the trial Nancy's lawyer submitted a writ of habeas corpus and requested that Hernandez be released from the Court's Order. Hernandez's lawyer stated that Judge Kearney was using Hernandez to make the public consider what is moral or immoral and his decision was based on neo-eugenic principles and assumed that because Hernandez was a minority and in the presence of marijuana that she naturally would descend to non-moral conduct and should not have children. Kearney's main goal all along was to reduce the state's welfare expenditures through forced sterilization. Many citizens across America, when this case went National, felt that her drug related misdemeanor had nothing to do with her parenting skills and style. It seemed that many people in America agreed that there should be a punishment for her crimes, but that forced sterilization was never a fit punishment.

Some other instances in Californias sterilization practices in the 1960’s-70’s was shown in the movie, No mas bebes, multiple women and families discuss the impact of sterilization abuse on their mental health, their relationship, and their family planning. Many women reported that at the L.A. County hospital, throughout the 60’s and 70’s, that they were forced to submit to sterilization. Many of these women did not know that they had been sterilized until they found out through 26-year-old Chicana Lawyer and a whistle blowing doctor. These mothers mounted a civil rights lawsuit during the same time of Roe v. Wade and other reproductive rights justice movements. These stories made many Chicanas and other women across the nation question their government and reproductive rights.