Laughlin, Eugenical Sterilization in the United States, 269.
Judgment: SUPREME COURT OF INDIANA. November Term, 1920. On the 11th day of May, 1921, being the 147th judicial day of said November Term, 1920. Case No. 23709. Appealed from the Clark Circuit Court. Opinion and judgment pronounced by Associate Judge Hon. Howard L. Townsend. Appellants were enjoined from performing vasectomy on appellee, who is a prisoner in the Indiana Reformatory. The Chief Physician, Board of Managers and two chosen surgeons were proposing to act pursuant to the [Indiana sterilization statute]. . . . In Davis v. Berry et al. (U. S. District Court, S. D.), 216 Fed. Rep. 413,1 in passing on an Iowa statute similar to the one here in question, on page 218, the court uses this language: “The hearing is by an administrative board of officers. There is no actual hearing. There is no evidence. The proceedings are private. The public does not know what is being done until it is done. Witnesses are not produced, or, if produced, they are not cross-examined. . . . The prisoner is not advised of the proceedings until ordered to submit to the operation. . . . Due process of law means that every person must have his day in court, and this is as old as Magna Charta; that some time in the proceeding he must be confronted by his accuser and given a public hearing.” In the instant case the prisoner has no opportunity to cross-examine the experts who decide that this operation should be performed upon him. He has no chance to bring experts to show that it should not be performed; nor has he a chance to controvert the scientific question that he is of a class designated in the statute. And wholly aside from the proposition of cruel and unusual punishment, and infliction of pains and penalties by the legislative body through an administrative board, it is very plain that this act is in violation of the Fourteenth Amendment of the Federal Constitution in that it denies appellee due process. The case of Davis v. Berry, supra, is interesting in its discussion of questions other than due process.2 It also cites the adjudicated cases in other states on similar statutes. The trial court was correct in enjoining appellant from performing, or causing to be performed, the operation of vasectomy upon appellee. Judgment of the trial court is therefore affirmed.
