Introduction
This chapter draws on the history of eugenics to examine the rationale behind infertility requirements for transgender persons undergoing legal and/or medical gender reassignment. Since state-enforced sterilisation is usually theorised in relation to reproductive heterosexuality, and understood as a past historical practice that targeted the assumed hereditary degeneracy of heterosexual populations, the practice of present-day, state-enforced transgender sterilisation has not caught enough scholarly attention in the tradition of critical research on eugenics or in the fields of queer and transgender studies. Similarly, transgender reproductive justice and health remain marginal issues in mainstream lesbian and gay rights and equality movements. Understanding this history is important for an account of how transgender persons have navigated the complex and intersectional terrain of discrimination in their plight for social justice and the right to self-determination.
The chapter is structured in three parts. I first examine the moral, medical and political legitimation of the nineteenth-century invention of eugenic sterilisation. I then analyze the ways in which the eugenics movement gave rise to âmale effeminacyâ and âfemininityâ as legitimate criteria for positioning certain groups of people, such as Jewish and homosexual men, as hereditary degenerates, and furthermore show how the eugenic pathologisation of femininity set forth medical models for governing black women, lesbians and transgender men. Finally, I argue that the rise of âsex changeâ and âsex reassignmentâ legislation for âtranssexualsâ has created a double-bind, decriminalising physical transition and ratifying legal recognition, whilst at the same time continuing the biopolitical administering of transgender lives and bodies. I also discuss contemporary emerging debates concerning trans reproductive justice.1 My genealogical analysis seeks to answer the following questions: how do certain forms of transgender embodiment and gender expression come to be viewed as legitimately subject to sterilisation by the state? Furthermore, what do various moral, psychiatric, juridical and political techniques approaches to gender nonconformity and transgender reproduction reveal about Western notions of citizenship?
The invention of eugenic sterilisation
Although Francis Galton first made human eugenics famous in his 1883 Inquiries Into Human Faculty and Its Development, the practice of eugenic sterilisation has its origins in the medical experiments of American prison doctors. Whereas castration had previously been used for punitive ends, Indiana doctors Harry C. Sharp and AJ Oschner regarded sterilisation as curative. Sharpâs attempts to stop prisoners from masturbating led him to expand his practice of curative vasectomy to the sterilisation of âdegeneratesâ, âdefectsâ and âdeviantsâ in general. During his position as a doctor of the Indiana Reformatory, he performed vasectomies on more than 400 men. Sharp also encouraged the state of Indiana to create the worldâs first sterilisation laws in 1907 (Largent, 2011: 29â30). The Chicago-based urologist and criminal anthropologist, G. Frank Lydston, wrote in 1905 that resistance to sterilisation was unjustified since vasectomy or resection of the fallopian tubes was quick and safe, and caused no disfigurement (Ordover, 2003: 74â77). British sexologist Havelock Ellis published a similar argument in a fall 1907 issue of The Eugenics Review.
By 1910, Charles Davenport had established The Eugenic Records Office, which was responsible for collecting hereditary information about the American population. By 1930, more than 30 American states had enacted sterilisation laws, and anti-miscegenation laws were ratified by nearly all states. During this period, eugenics societies and scientific research institutes were established all over the world, such as the British Eugenics Education Society in 1905, the German Internationale Gesellschaft fĂŒr Rassenhygiene in 1907, the Brazilian Sociedade EugĂȘnica de SĂŁo Paolo in 1918 and the Swedish Statens Institut för Rasbiologi in 1922.
Early American and European eugenicists included biologists, penologists, social workers, educators and even first-wave feminists. Since crime and poverty were widely perceived as biological, hereditary problems, rather than socio-economic and political questions, supporters of eugenic sterilisation argued that it was more humane to prevent degenerates such as âthe poorâ or the âfeeblemindedâ from reproducing, than to have society institutionalise or imprison their supposedly poorly raised offspring (Stern, 2015). Although individual supporters of eugenics differed in their methods and goals, the international eugenics movement shared the moral task of so called racial responsibility, that is, promoting the life and reproduction of desired populations, whilst preventing the reproduction of degenerate populations (Spade and Rofhls, 2016: 7).
Eugenics quickly became a highly respected science that aimed to save civilisation from degeneration. For instance, all Scandinavian welfare states â the Swedish folkhem (peopleâs home) in particular â were based on this ideal. Sterilisation of the âfeeblemindedâ was the first step towards humane treatment in care homes and mental hospitals. Usually a patientâs genetic background was examined by tracking (or speculating about) signs of degeneration in three generations. Sterilisations were conducted in state-controlled public institutions, such as hospitals, prisons, reform schools and care homes. Official records show that between the years 1935â1975, nearly 63,000 Swedes underwent state- mandated sterilisation, a number higher than any other European country except for Germany, and nearly as high as the total number of recorded sterilisations in all American states throughout the entire twentieth century.
Moreover, âpositive eugenicsâ â that is, increased reproduction by âhealthyâ and âfitâ, heterosexual persons â was strongly encouraged through various state-funded programs to ensure the improvement of the nationâs hereditary pool (Broberg and Roll-Hansen, 2005). For example, in 1914, London-based educational pioneer Alice Ravenhill published a booklet entitled, Eugenic Education for Women and Girls, which argued for the significance of womenâs domestic care work for a healthy family and hygienic society. The booklet also set forth ideological guidelines for the eugenic responsibility of motherhood.
Theorising the logics of nationalism and ableism inherent in the eugenics movement, Snyder and Mitchell (2005) and Ordover (2003) argue that eugenics functioned by enforcing aesthetic ideals by means of quantitative methods. The isolation, institutionalisation and incarceration of undesirable groups, such as immigrants, disabled persons and poor or working-class people, were based on simple techniques of statistical standardisation through which all human beings could be defined as either ânormalâ (fit to breed) or âdefectiveâ (unfit to breed) (Snyder and Mitchell 2005: 77â79). As Snyder and Mitchell show, eugenics was not simply an ideology inherent to the nation state or the welfare state. American and European governments and eugenics societies collaborated and shared information and population records in their transatlantic task of creating a âhealthyâ hereditary gene pool. Hence, eugenics was an American-European, transatlantic apparatus of power. The aesthetic ideals of the eugenics movement therefore raise the question of what discourses made it possible for educators, medical practitioners, politicians and social workers to define transgression and resistance towards binary gender norms as a transatlantic marker of psychopathology.
Effeminacy as a sign of degeneracy
Galtonâs studies on hereditary fitness, talent and character triggered speculations in Europe about whiteness as a sign of genetic superiority. However, as Sander Gilman argues in The Jewâs Body (1991), in contrast to colonial, imperialist theorisations about skin color and racial fitness, Galton thought that European Jews hid their presumed inner pathologies and were capable of passing as ânormalâ. Based on such presumptions, early European anti-Semitist scientists invented a physiognomy, (a specified range of quantifiable physical and visible markers) that characterised the âJewish type', so that Jews could be recognised. Physiognomic practices included measurements of the pitch of the voice, the posture of the body and the size of body parts, including genitalia (Gilman, 1991: 64â69, 96â97, 178).
A key feature of nineteenth-centu...