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35 Creighton L. Rev. 1075 (2001-2002)
Money, Sex, and the Religious Right: A Constitutional Analysis of Federally Funded Abstinence-Only-Until-Marriage Sexuality Education

handle is hein.journals/creigh35 and id is 1085 raw text is: 1075 MONEY, SEX, AND THE RELIGIOUS RIGHT: A CONSTITUTIONAL ANALYSIS OF FEDERALLY FUNDED ABSTINENCE-ONLY-UNTIL-MARRIAGE SEXUALITY EDUCATION JULIE JONESt I. INTRODUCTION An educated populace is essential to the political and economic health of any community....' This includes a sexually educated pop- ulace. 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 pre- vent unintended pregnancies and the contraction of sexually transmit- ted diseases, thereby lowering immense medical and social costs. Section 510 of Title V of the Social Security Act,2 enacted in 1996, takes a large step backwards in this realm. It provides federal fund- ing for human sexuality education programs which are limited to pro- moting sexual abstinence until marriage, turning a blind eye to the proven benefits of contraception education. It puts a minority of peo- ple's religious views above the health of our nation's youth. In this article, I will first discuss the landscape of sexuality educa- tion 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 unconstitu- tional as violative of the separation between church and state.3 t Director of Legal Services, Center for Disability and Elder Law, Chicago, Illi- nois. B.A. University of California at Santa Barbara, 1994; J.D. Northwestern Univer- sity School of Law, 1999. 1. Mueller v. Allen, 463 U.S. 388, 395 (1983). 2. Social Security Act, 42 U.S.C. § 710(b) (1998). 3. The Establishment Clause of the First Amendment provides that Congress shall make no law respecting an establishment of religion. U.S. CONST. amend. I.