Eugenics and Disability Discrimination

Abstract

Testimony presented during the passage of the Americans with Disabilities Act (P.L. 101–336) indicated the continued existence of discrimination based upon a disability. Many persons, including academics, do not believe that such discrimination exists nor do they believe that some of the most threatening discrimination in the US is based in state law. This paper details these state laws (past and present) in the area of domestic relations and presents the historical cause for the enactment of the discriminatory laws. The Eugenics Movement using (somewhat wrongly) Darwin's evolutionary theory was and continues to be the force behind them. Policy implications are presented in the conclusion.

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