Although interesting as showing the drift of public sentiment toward a
revival of the banns, this proposed law is poorly drawn. Three unrelated
laymen and the judge of a circuit court are not the proper persons to
decide on the biological fitness of a proposed marriage. We believe the
interests of eugenics would be sufficiently met at this time by a law
which provided that adequate notice of application for marriage license
should be published, and no license granted (except under exceptional
circumstances) until the expiration of two weeks from the publication of
the notice. This would give families and friends time to act; but it is
probably not practicable to forbid the issuance of a license at the
expiration of the designated time, unless evidence is brought forward
showing that one of the applicants is not legally capable of
contracting marriage because of a previous mate still living and
undivorced, or because of insanity, feeble-mindedness, under age, etc.
Such a law, we believe, could be put on the statute books of any state,
and enforced, without arousing prejudices or running counter to public
sentiment; and its eugenic value, if small, would certainly be real.
This exhausts the list of suggested coercive means of restricting the
reproduction of the inferior.
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