In Edgewood, New Mexico, lawmakers recently passed a significant measure. They want the state’s Indian Affairs Department and the Commission on the Status of Women to study the history and ongoing effects of forced sterilizations of women of color. This practice was particularly prevalent in the 1970s, when the Indian Health Service (IHS) sterilized many women without their consent, taking away their chances to have families.
New Mexico aims to investigate this dark chapter and report the findings to the governor by the end of 2027. State Senator Linda Lopez, who sponsored the legislation, emphasizes the need to acknowledge these past atrocities happening within the state.
New Mexico isn’t alone in addressing this issue. Recently, Vermont set up a commission to explore the forced sterilizations of marginalized groups, while California initiated reparations for those sterilized without consent in state-run facilities.
Additionally, New Mexico’s Legislature is initiating a healing commission to recognize this painful history that still affects many Native families. Sarah Deer, a law professor at the University of Kansas, views this investigation as long overdue, stating, “The women in these communities carry these stories.”
Historically, in 1972, Jean Whitehorse went to an IHS hospital for an emergency appendectomy. At just 22, she found herself signing consent forms in a hurry, unaware that she would undergo a tubal ligation. The revelation years later left her devastated and led to significant personal struggles, including alcoholism. Whitehorse’s experience is one of many; an estimated 25% of women of childbearing age receiving care from IHS may have been sterilized without proper consent, according to research by Dr. Connie Redbird Uri.
In a U.S. Government Accountability Office (GAO) report, records revealed that over 3,400 women were sterilized between 1973 and 1976. However, the investigation faced criticism for not sufficiently capturing the full extent of the issue, as interviews with affected women were not deemed productive.
Women like Whitehorse are now speaking out, hoping to bring awareness to what happened. She shared her story publicly for the first time only about 40 years later. “Each time I tell my story, it relieves the shame,” she says, urging that it’s the government that should feel ashamed.
Retired IHS physician Dr. Donald Clark noted a lingering distrust: patients in their 20s and 30s are hesitant to seek contraceptive help, worried they could face sterilization—a fear passed down through generations.
Interest in addressing forced sterilization continues to grow. The historical context reveals a troubling policy pattern targeting marginalized groups. A 1927 Supreme Court ruling, Buck v. Bell, allowed states to sterilize individuals deemed “unfit,” impacting many communities throughout the 20th century. In Canada, similar issues persist, with doctors sanctioned as recently as 2023 for non-consensually sterilizing Indigenous women.
Experts like Deer believe New Mexico’s investigation could potentially lead to accountability, though it will need cooperation from the federal government to succeed fully. The community hopes for a safe space to share stories and find healing, highlighting the crucial need for support in addressing such painful histories.
