VASECTOMY. A comparatively simple and painless operation, consisting of the re moval of a small part of each vas deferens through which the semen flows from the tes ticles to the seminal vesicles, or a tying off or ligaturing of the same. It effectively steri lizes the male, but does not Impair his health or take away his sexual instincts.
Several states have passed statutes provid ing for compulsory asexualization of inmates of insane asylums and prisons, by which the advisability of the operation is commonly referred to a board composed of the chief physician of such institution, one or more surgeons specially appointed, and such other health officers as seem necessary, and the opinion of a majority of the board is suffi cient for a decision. It is apparently an ex ercise of the police power, for the protection of society by preventing further procreation of undesirable citizens, or for partial protec tion of women in cases of escape.
Indiana provides for sterilizing confirmed criminals, idiots, rapists and imbeciles; Laws 1907, c. 215. Connecticut provides in ex plicit terms for both vasectomy and oopho rectomy, where it is probable that the chil dren of inmates would inherit a tendency to crime, insanity, feeble-mindedness, idiocy or imbecility; Acts 1909, c. 209; the attorney general has declared it. not to be unconstitu tional. California regards the beneficial ef fect of the operation on the subject himself, and further provides that it shall not be performed on a criminal unless he has been committed twice for some sexual offense, or at least three times for any other crime, and gives evidence of being a moral and sex ual pervert; life convicts are included in the last provision ; Stat. 1909, c. 720. Iowa sub
stantially follows California, with the addi tion of drunkards, persons addicted to drugs, epileptics and syphilitics, and makes it a punishment for prostitution and detaining fe males for prostitution; Laws 1911, c. 129. Washington prescribes it as a punishment for rape, statutory rape, and habitual crim inality, to be imposed by the court in its discretion, with other punishment; Rem. & Bal. Code § 2287.
Michigan has passed an act applicable to mentally defective or insane persons.
It is held not to be a cruel punishment; State v. Feilen, 70 Wash., 65, 126 Pac. 75, 41 L. R. A. (N. S.) 418, Ann. Cas. 1914B, 512.
See 27 Med. Leg. Journ. 134.
A statute to prevent procreation by a sur gical operation, in order to be valid, must not deny the equal protection of the law; Smith v. Bd. of Examiners (N. J.) 88 Atl. 963, declaring invalid an act for sterilizing idiots, imbeciles, epileptics, rapists, certain criminals and other defectives, as based up on a classification which bears no reasonable relation to the object sought.
The Iowa act has been declared void in the federal district court (not yet reported), and an injunction was granted to an inmate of the penitentiary.
It is interesting to notice that, in Roman law, castrating any person, slave or free, even with his consent, was punishable ; Hun ter, Born. Law 1069.