There is another way in which attempts have recently been made to restrict the reproduction of anti-social persons: by putting restrictions on marriage. This form of campaign, although usually calling itself eugenic, has been due far less to eugenists than to sex hygienists who have chosen to sail under a borrowed flag. Every eugenist must wish them success in their efforts to promote sex hygiene, but it is a matter of regret that they can not place their efforts in the proper light, for their masquerade as a eugenic propaganda has brought undeserved reproach on the eugenics movement.
The customary form of legal action in this case is to demand that both applicants for a marriage license, or in some cases only the male, sign an affidavit or present a certificate from some medical authority stating that an examination has been made and the applicant found to be free from any venereal disease. In some cases other diseases or mental defects are included. When the law prevents marriage on account of insanity, feeble-mindedness, or other hereditary defect, it obviously has a eugenic value; but in so far as it concerns itself with venereal diseases, which are not hereditary, it is only of indirect interest to eugenics. The great objection to such laws is that they are too easily evaded by the persons whom they are intended to reach—a fact that has been demonstrated conclusively wherever they have been put in force. Furthermore, the nature of the examination demanded is usually wholly inadequate to ascertain whether the applicant really is or is not afflicted with a venereal disease. Finally, it is to be borne in mind that the denial of a marriage license will by no means prevent reproduction, among the anti-social classes of the community.
For these reasons, the so-called eugenic laws of several states, which provide for a certificate of health before a marriage license is issued, are