Do people with disabilities have sex? Should they marry and have children?
As part of a research project, Emily Hops, a graduate of CSU Channel Islands, and I interviewed eight college students with disabilities about their general experiences with intimacy and sexual health last spring.
Each student expressed his or her own internal struggle with whether or not they should bear children themselves.
One said, “Is it selfish to have a kid? Even if your kid doesn’t have a disability, are you putting that burden on that kid to one day take care of you because you have a disability?”
Some students shared stories about professionals, even teachers, who dissuaded them from developing intimate relationships with others.
Even though California passed the Healthy Youth Act of 2015, which mandates adapted sex education for students with disabilities, I wonder if we have fully embraced the sexual rights of people with disabilities — especially considering California’s dark past with something called the “eugenics movement.”
Eugenics is essentially selective breeding in order to increase the occurrence of desirable inherited characteristics. California was a leader in the eugenics movement, which resulted in the sexual sterilization of 20,000 people in the state between 1909 and 1979. Seventy percent of those sterilized without their consent had various disabilities, spanning from schizophrenia to a casual diagnosis of being “feeble-minded.”
With a total of 60,000 sterilizations across the U.S., California was responsible for a third of all the procedures. Castrations and tubal ligations were common procedures performed. Some even argue that the U.S. led the way for Nazi Germany’s mass use of sexual sterilizations during the Holocaust.
Along with sexual sterilization laws in the eugenics movement came laws prohibiting marriage between people with disabilities, with the assumption being that reproduction was the reason for marriage.
California passed an annulment law, which specifically stated physical or mental capacity and consent as reasons for deeming a marriage null and void.
While there were other reasons that a marriage could be annulled, physical and mental capacity as well as lack of consent were the only reasons that involved third parties, such as parents or physicians.
These third parties could argue that either the bride or groom was “physically incapable of entering into the marriage state” or “was of unsound mind” at the time of marriage, and the marriage could be annulled.
If third parties were aware of a couple with disabilities planning a marriage, those third parties could make an argument about the incapacity of the bride and/or groom before the marriage date and shut it down altogether. In the early 1900s, 28 percent of marriages were annulled on these grounds.
The law is still on the books. Although rarely enforced today, these reasons for annulment remain in the wording of California Family Code Section 2210.
Not only is marriage annulment due to disability still lawful, but our history of perceiving people with disabilities as “asexual” beings still lives on today.
My hope is that we can learn to appreciate all people with disabilities as sexual beings with full sexual citizenship in hopes that they themselves do not question their own rights as human beings.
Complete Article HERE!