In re: HouseÂ
245 N.C. App. 388
| N.C. Ct. App. | 2016Background
- Claimant House was involuntarily sterilized on 27 November 1974 under state eugenics laws.
- Industrial Commission found coercion by a Social Services worker and that the procedures occurred during hospitalization for abortion.
- North Carolina enacted the Eugenics Asexualization and Sterilization Compensation Program in 2013 to compensate involuntary sterilizations.
- Program defines a “qualified recipient” as someone involuntarily sterilized under the Eugenics Board’s authority and in accordance with 1933 or 1937 public laws.
- The record shows no petition to the Eugenics Board, no notice or hearing, and no Board order; the sterilization occurred outside the Board process.
- Court held the plain language of § 143B-426.50(5) is unambiguous and claimant did not meet the statutory requirements for compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claimant qualifies under §143B-426.50(5). | House was involuntarily sterilized under Board authority. | No Board petition or Board compliance; not within the statute. | Not a qualified recipient under the statute. |
| Whether compliance with Eugenics Act procedures is required for compensation. | Procedural issues do not affect compensation. | Compensation requires Board procedures under the Eugenics Act. | Procedural compliance not met; compensation denied. |
| How plain meaning affects the interpretation of §143B-426.50(5). | Statutory language should be interpreted broadly to aid claimants. | Statute unambiguous; must be applied as written. | Statute is clear and unambiguous; must be applied as written. |
Key Cases Cited
- Correll v. Division of Social Services, 332 N.C. 141 (N.C. 1992) (statutory interpretation begins with plain language; unambiguous statutes require no construction)
