011074 cn U.S. Court Rules on Sterilization

MONTGOMERY, Ala. - The Alabama law which allows the state to sterilize mental patients has been struck down as unconstitutional by a three-judge federal panel.

Sterilization of mental patients "cannot be left to the unfettered discretion of any two officials" as the law allowed, the U.S. Court said. It held that the law "clearly and obviously" violated the patient's constitutional rights because it contained "no provision for notice, hearing or any other procedures for safeguards."

The U.S. Justice Department had charged that state officials have not adopted adequate procedures and have sterilized some 14 persons over 10 years in violation of their constitutional rights.

The Alabama sterilization laws came under scrutiny in July following reports of the "involuntary" sterilization of as many as 11 girls, all minors, by a family planning program in Montgomery.

Investigations by the Justice Department and the Office of Economic Opportunity came after a suit was filed against a family planning clinic by the father of one of the girls, who was allegedly sterilized without the family's full understanding of the implications of such an operation. The girl was reported to be mentally retarded.

The state agreed in late July to stop all sterilization, except for medical reasons, until the outcome of the suit.