Download this Paper Open PDF in Browser

Unconstitutional Entanglements: The Religious Right, the Federal Government, and Abstinence Education in the Schools

Yale Journal of Law & Feminism, Vol. 19, p. 495, 2008

37 Pages Posted: 28 Dec 2009  

Naomi R. Shatz

Zalkind Duncan and Bernstein LLP

Date Written: 2008

Abstract

This article argues that current federal funding for abstinence-only sex education violates the Establishment Clause. Previous establishment clause challenges to the abstinence-only education system focused either on overt religious messages included in curricula or on federal funding going to religious groups to teach abstinence-only education. These challenges have ignored the religious history of abstinence-only education and the particular religious values that are endorsed by even the allegedly "secular" curricula. This article demonstrates that the current funding of abstinence-only education violates the Supreme Court's test for religious neutrality as set forth in Lemon v. Kurtzmann.

Keywords: abstinence, sex education, establishment clause, first amendment, Christianity, religious right

Suggested Citation

Shatz, Naomi R., Unconstitutional Entanglements: The Religious Right, the Federal Government, and Abstinence Education in the Schools (2008). Yale Journal of Law & Feminism, Vol. 19, p. 495, 2008. Available at SSRN: https://ssrn.com/abstract=1522442

Naomi Shatz (Contact Author)

Zalkind Duncan and Bernstein LLP ( email )

65A Atlantic Avenue
Boston, MA 02110
United States

Paper statistics

Downloads
122
Rank
197,641
Abstract Views
942