DENVER, Colo. (KOAA) — A proposed bill on its way to the State Senate would repeal parts of Colorado's current forced sterilization law. House Bill 1040 passed the House unanimously on Tuesday.
The bill addresses the sterilization rights of a person with intellectual or developmental disabilities. Nearly a century ago, the U.S. Supreme Court upheld a ruling (Buck v. Bell) allowing states to sterilize people deemed "unfit." Attorney and Disability Law Colorado public policy liaison Jack Johnson says Colorado's current law is rooted in Eugenics-era policy, a time when it was widely believed that people with disabilities should not have children for the betterment of society and for their own ability to care for a child.
“The way the current law exists, a person who has a disability, if they object to sterilization, can still be sterilized over their objection," Johnson said.
Under current state law, Johnson says the person's legal guardian or the parents of a minor with an intellectual and developmental disability may petition the court to hold a hearing to determine whether said person should be ordered to be sterilized.
“There’s a court ordered process where a court will examine psychological analysis, medical analysis, potential cross examination of the individual," Johnson said. "Then the court determines whether someone should be sterilized or not and provides an order that is then executed by a medical provider.”
The bill says people with intellectual and developmental disabilities must receive counseling before agreeing to sterilization, explaining the long-term effects of sterilization and less intrusive means available to prevent pregnancy. This is required whether or not the person is considered competent to give consent. The bill also prohibits sterilization against the person's will. If the person says they do not want to be sterilized, the court cannot order it unless sterilization is necessary to preserve their life or health.
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Nikki Bishop is a parent, licensed clinical social worker, and lives with a disability herself. She uses a wheelchair due to a neuromuscular condition. Bishop appreciates the inclusion of counseling and consent in this bill, also acknowledging the unique relationship between caregiver and a person with a disability.
“There is a power differential here," Bishop said. "We want to make sure that that piece is being removed and that they’re aware that they can access other services.”
The last known forced sterilization case in Colorado was over 20 years ago, but advocates hope this bill will ensure protection.
“It moves Colorado into the 21st century of civil rights related to people’s decisions over their own bodies," Johnson said. "We can leave some of these old Eugenics-era policies in the past.”
Johnson says the hope is to get the bill on the governor's desk by next month.
Email Senior Reporter Meghan Glova at meghan.glova@koaa.com.
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