Money, Sex, and the Religious Right: A Constitutional Analysis of Federally Funded Abstinence-Only-Until-Marriage Sexuality Education

Abstract

INTRODUCTION|"An educated populace is essential to the political and economic health of any community...." This includes a sexually educated populace. Researchers are increasingly gaining evidence which supports the common sense conclusion that a sexually educated populace is more cost efficient to society as a whole. They are better able to prevent unintended pregnancies and the contraction of sexually transmitted diseases, thereby lowering immense medical and social costs. Section 510 of Title V of the Social Security Act, enacted in 1996, takes a large step backwards in this realm. It provides federal funding for human sexuality education programs which are limited to promoting sexual abstinence until marriage, turning a blind eye to the proven benefits of contraception education. It puts a minority of people's religious views above the health of our nation's youth.|In this article, I will first discuss the landscape of sexuality education in America today. Included within this discussion are public opinions on sexuality education, teenage sexual behavior, information regarding sexuality education prior to the enactment of Section 510, and the most recent reports of Section 510 funding and application. I will then analyze the constitutionality of Section 510 under current Supreme Court Establishment Clause jurisprudence. Based upon the stated purpose and effect of § 510, I conclude that it is unconstitutional as violative of the separation between church and state...