Cleansing the law of measures to “cleanse” the population

In a victory for human dignity, Colorado lawmakers passed a bill that effectively outlaws the forced sterilization of people with disabilities. While the previous law allowed court-ordered sterilization of minors and individuals who could not consent, the revised law, signed by Gov. Jared Polis on March 27, permits sterilization only in cases of serious or imminent threats to a person’s life or health, with strict legal safeguards.

The idea of forced sterilization rightfully causes us to cringe, and it may seem inconceivable in a nation that values rights and liberties. Yet such horrors occurred on a massive scale in the United States—and, unfortunately, continue even today.

Over a period of 50 years in the twentieth century, more than 60,000 people in the United States were involuntarily sterilized in an effort to “cleanse” society of people with perceived undesirable traits, many of whom were labeled as having cognitive disabilities. Such eugenic practices were ratified in American law by a 1927 Supreme Court ruling, Buck v. Bell, which provided legal authority for the forced sterilization of the “feebleminded,” essentially stripping people with disabilities of their constitutional protections. At a time when many people with cognitive disabilities were institutionalized, those institutions quickly became factories for sterilization.

While some may believe the era of eugenics is a relic of the past, laws in 30 states and Washington, D.C., still allow the sterilization of persons with disabilities against their will and sometimes without their knowledge, and 17 states have no specific prohibitions or have unclear laws on the matter.

Under such laws, children as young as six have been irreversibly sterilized, permanently altering their development and fertility. Others have been sterilized against their will and knowledge, only to discover later that they are unable to bear children. Even in the 21st century, women with disabilities are more likely to be sterilized than women without disabilities, and at a younger age.

This issue is indeed complex. It involves matters such as guardianship, protection, health, consent, and the autonomy of individuals with disabilities. People with disabilities are not helped when we brush aside these complexities. Yet involuntary sterilization is not the answer. Rather than control or coercion, systems that foster flourishing through education and support are needed.

While involuntary sterilization is often framed as a protective measure for people with disabilities, such laws constitute an assault on human dignity and the rights of individuals with disabilities. No law should facilitate the elimination of a class of people by making reproduction impossible, and people with disabilities should have the right to make decisions about their own bodies and lives.

Beyond legal and social considerations, for Christians this issue is not primarily a matter of rights, but of human dignity. Individuals with disabilities are made in the image of God and must be treated as image bearers, and consent and bodily integrity are moral goods given to us by the Creator—goods that belong to every person.

While individuals with disabilities are not the only people affected by forced sterilization, they are uniquely vulnerable. The state, as God’s agent for good in the world (Romans 13:3-4), must take every step to protect them.

In light of these realities, Colorado’s amended law, likely to take effect on Aug. 12, is an important step forward in the rights and protections of people with disabilities. Yet in most states, such practices are still allowed, and the 1927 Supreme Court ruling still stands. More states must follow suit to amend and overturn archaic laws that make provision for the forced sterilization of people with disabilities.

Christians, too, must bring to light unjust laws and encourage lawmakers and government officials to protect the dignity and rights of individuals with disabilities. Much work remains to be done for their protection and flourishing. So let us speak for the rights of those who cannot speak for themselves (Proverbs 31:8–9).