The Georgia Legislature is now considering House Bill No. 255, which would amend the “Voluntary Sterilization Act” approved March 10, 1966. We find that House Bill No. 255 which has been given “do pass” by the House Health and Hygiene Committee, lacks clarity and has features in it which makes the amendment to the Sterilization Law potentially dangerous.

We wish to point out that in 1965, a Senate committee saw fit to disapprove House Bill No. 25454 entitled “Voluntary Sterilization Act” after a number of community representatives indicated that potential abuses were contained in this bill.

In 1966, House Bill No. 60 was introduced and passed by the legislature authorizing voluntary sterilization of certain individuals. It is noteworthy that no public opposition was voiced to this bill which clearly specified its objectives and which therefore rendered it less likely of abuse in its implementation.

In 1967, House Bill No. 244 was introduced which would have amended the Sterilization Act of 1966. At a hearing before the House Judiciary Committee, various organizations and individuals voiced objection to this bill because it lacked clarity in its application and it contained the same potential for abuse which was found dangerous in the 1965 bill. The chairman of the House Judiciary Committee said afterwards that, “in view of the controversy which apparently has arisen over the bill, it is my opinion that the committee will not report the bill out.”

Therefore, we find House Bill No. 255 is objectionable for the following reasons;”

1. It changes the basic provisions and intent of the “Voluntary Sterilization Act” of 1966 which was not publicly opposed.
2. House Bill No. 255, is entitled a “Voluntary Sterilization Act” but in effect this is a misnomer. This new bill provides for the sterilization of a minor or a mental incompetent. Specifically, Section No. 2 of a new Bill states

“It shall be lawful for any physician or surgeon…concurring with one other such physician, to perform a sterilization procedure on any person, including a minor, whether legally married or mentally competent or not, if requested in writing to do so by or on behalf of such person. If the person is an unmarried minor or mental incompetent, the request in writing shall be made by the person and the person’s parent or duly court-appointed guardian.”

We feel that this clause can lead to serious abuses, permanent injury, and the denial of the rights of the individual. It is, for example, conceivable to us that a parent or guardian could act against the best interest of a minor through coercion or anger. Under Georgia Law, of course, a minor is anyone under 21 years of age.

3.We further believe that the new Bill has been written using terminology that is broad and therefore very often lacking exact definitions. What exactly is meant by “mental incompetent?” It seems to us that legislation of this importance should receive the more thorough attention and study of the various bodies concerned and the public in general.

Most Reverend Thomas A. Donnellan

Archbishop of Atlanta

Most Reverend Gerald L. Frey

Bishop of Savannah

Reverend William H. Geren

President, Christian Council of Metropolitan Atlanta

Mr. M.C. Gettinger

Executive Director, Atlanta Jewish Welfare Federation

Reverend John N. Gregg

Moderator, Presbytery of Georgia

United Presbyterian Church in the U.S.A.

Reverend Edgar M. Grider

Director, Urban Training Organization of Atlanta

Reverend James L. Welden

President, Georgia Council of Churches

Right Reverend Milton L. Wood

Suffragan Bishop, Episcopal Diocese of Atlanta