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Shatz on Abstience Education

By Lawrence Solum

Naomi R. Shatz (New York Civil Liberties Union) has posted Unconstitutional Entanglements: The Religious Right, the Federal Government, and Abstinence Education in the Schools (Yale Journal of Law & Feminism, Vol. 19, p. 495, 2008) on SSRN. Here is the 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.

Full post as published by Legal Theory Blog on December 30, 2009 (boomark / email).