Evening star., 1939-10-06
Organized Medicine
Asked 10 Help Draft
Marriage Law Bill
Dr.. Rutland Issues
Invitation in Effort
To Strengthen Statute

Health Officer George c. Rutland
today invited the cooperation of Or
ganized medicine in framing a new
bill to strengthen the Districts mar
riage law with requirements for
medical and possibly mental tests
for marriage license applicants.
He said he would not determine
his recommendations for any def
mite steps pending consultation with
leading physicians, but was con-
sidering the advisability of including
requirement for mental tests
among other features to strengthen
bill pending in Congress to require
premarrlage tests for verereal dis
eases and outlaw common-law mar
riages.
The mental tests would be de-
signed to prevent persons with in
herltable mental disorders from
marrying, but DR.. Rutland empha-
sized he had not decided how far
the law should go.
Last to Urge I. @. Tests.
Responding to the comment of DR..
Mitchell Dreese, professor of educa-
tlonal psychology at George WASH
lngton University, who objected to a
ban on the marriage of those sus-
pected of mental disorders, DR.. Ruh-
land said he feared his position had
been misunderstood" and added he
would be the last one" to urge I. @,
tests for those who want to get mar
ried.
The health officer added he
thought DR.. Dreese had made a
very good point" in suggesting the
possibility of sterilization of insane
persons as a substitute for a ban on
legal marriage, but said he was not
prepared to advocate a sterilization
law although many States have
such laws.
AT the same time, DR.. Winfred
Overholser, superintendent of st.
Ellzabeths Hospital, declared the
marriage ban under consideration
might run into obstacles.
While naturally one can't get
enthusiastic about the propagation
OF persons who might become pub
lie charges because of mental dis
orders" he said, there are some
practical obstacles in the way of
Ilmltlng marriages of that group"
Lists Obstacles.
He listed as obstacles the diff
Guilty Of diagnosing the higher
grades of mental deficiency, the
differences of opinion among geneti-
clsts, psychiatrists and other stu
dents of biological science in the
matter of the inheritance of mental
disorders and mental deficiency and
the present trend away from putting
the sole blame for mental disorders
on Inheritance
1t Is generally believed, he said.
that less than half the cases of
mental deficiency are due strictly to
inheritance.
Practicability Questioned.
DR.. Dreese said: Il seriously ques-
ton the practicability of administer
Ing mental test to applicants for a
marriage license. Most individuals
are likely to be so confused on such
an occasion they probably would
make pretty poor showing.
I'VE really know so little about
the inheritance of mental charac-
teristics that We ought to 20 very
slowly in regard to legislating in the
matter. agree that the definitely
insane and the imbeciles and the
idiots ought not to be permitted to
marry, but a little practical intell-
gence In issuing the licenses ought
to be sufficient in locating the in
dividuals.
I'VE must not overlook the fact
that the only issue is whether So
ciety will legalize such relationships
because the individuals in question
will mate nevertheless. Why not
sterilization instead of prohibiting
licenses?"
Commenting on DR.. Dresses sug-
gestion that marriage license clerks
should locate the insane, clerk who
issues marriage licenses in District
Court said she had on occasion
turned away couples who appeared
to be mentally unfit. She pointed
out that in the District Code there
is the provision that the insane
cannot make contracts.