These tools will no longer be maintained as of December 31, 2024. Archived website can be found here. PubMed4Hh GitHub repository can be found here. Contact NLM Customer Service if you have questions.


Pubmed for Handhelds

PUBMED FOR HANDHELDS

Search MEDLINE/PubMed

  • Title: Condom availability in the schools: lessons from the courtroom.
    Author: Mahler K.
    Journal: Fam Plann Perspect; 1996; 28(2):75-7. PubMed ID: 8777943.
    Abstract:
    The Massachusetts Supreme Judicial Court unanimously supported the condom availability program of the Falmouth School District. The program allows students in grades 7-12 full access to condoms without prior parental consent. Before the junior high students can receive counseling, however, they must first undergo counseling. Like the high school students (who have access to counseling, but do not require it before receiving condoms), junior high school students also have access to informational pamphlets. The court rejected the parents' claims that the program infringed on their rights as parents since students are free to decline to participate in the program and the parents are free to tell their children not to participate. In January 1996, the US Supreme Court refused to review this case and provided no comment or recorded dissent. On the other hand, in 1993, the New York appellate court, in a 3-2 decision, found that the condom availability program of New York City public schools coerced parents to surrender their rights to raise their children without undue interference from the state. When New York City later offered parents an opt-out, fewer than 1% of parents of high school students selected it. A clear history of legal precedent supports a minor's right to consent to the receipt of medical services related to sexuality and reproductive health. There is currently a challenge to the condom availability program in the Philadelphia public schools, which offers an opt-out provision for parents who do not want their children to participate in the program. The challenge revolves around the supposition that parental consent is needed for some medical services, in this case provision of condoms. What makes this case unique is that parents who support the condom program are parties in the lawsuit. The unpredictability of school districts and local governing bodies do not guarantee the success of implementing comprehensive school-based AIDS education programs. Some parents and conservative groups will continue to fight condom availability programs.
    [Abstract] [Full Text] [Related] [New Search]