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Adolescent Sexuality and Public Policy: A Liberal Response

Published online by Cambridge University Press:  17 May 2016

Lainie Friedman Ross*
Affiliation:
University of Chicago, USA
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Abstract

Conflicting U.S. statutes exist governing adolescent sexuality. While parents are allowed to remove their children from sex education, they cannot prevent their children from procuring medical care and contraception without parental awareness or consent. I argue that specialized consent statutes—statutes which empower adolescents to seek confidential reproductive and sexual health care—are an inappropriate solution to adolescent sexuality because (1) they empower individuals whom we otherwise believe are not ready for autonomous decision-making; (2) they endorse deception, which is the wrong message to be sending to our children; and (3) they are illiberal in that they circumvent parental decision-making authority to promote a particular conception of the good life. I argue that we should rescind these statutes and return these decisions to the family.

Type
Adolescent Contraception
Copyright
Copyright © Association for Politics and the Life Sciences 

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References

American Academy of Pediatrics, Committee on Adolescence (1990). “Contraception and Adolescents.” Pediatrics 86:134–38.Google Scholar
Carey v. Population Service International (1977). 431 U.S. 678.Google Scholar
Cheng, T., Savageau, J.A., Sattler, A.L., and DeWitt, T.G. (1993). “Confidentiality in Health Care: A Survey of Knowledge, Perceptions, and Attitudes among High School Students.” Journal of the American Medical Association 269:1404–7.Google Scholar
Cohen, H. (1980). Equal Rights for Children. Totowa, NJ: Littlefield, Adams.Google Scholar
Council on Long Range Planning and Development (1990). AMA Policy Compendium. Chicago, IL: American Medical Association.Google Scholar
Council on Scientific Affairs of the American Medical Association (1993). “Council Report: Confidential Health Services for Adolescents.” Journal of the American Medical Association 269:1420–24.Google Scholar
Cromer, B.A. and Brown, R.T. (1992). “Update on Pregnancy, Condom Use, and Prevalence of Selected Sexually Transmitted Diseases in Adolescents.” Current Opinion in Obstetrics and Gynecology 4:855–59.Google Scholar
DeAngelis, C., Duggan, A., Heald, F., and Silvey, D.A. (1987). “Symposium: Confronting the Crisis of Teenage Pregnancy.” Contemporary Pediatrics 4:6890.Google Scholar
DiClemente, R. (1993). “Preventing HIV/AIDS among Adolescents: Schools as Agents of Behavior Change.” Journal of the American Medical Association 270:760–62.Google Scholar
Durbin, M. et al. (1993). “Factors Associated with Multiple Sex Partners among Junior High School Students.” Journal of Adolescent Health 14:202–7.Google Scholar
Gilligan, C., Lyons, N.P., and Hanmer, T.J., eds. (1990). Making Connections: The Relational Worlds of Adolescent Girls at Emma Willard School. Cambridge, MA: Harvard University Press.Google Scholar
Grisso, T. and Vierling, L. (1978). “Minors' Consent to Treatment: A Developmental Perspective.” Professional Psychology 9:412–27.Google Scholar
Harris, J. (1982). “The Political Status of Children.” In Graham, K. (ed.), Contemporary Political Philosophy. Cambridge, MA: Cambridge University Press.Google Scholar
Hendry, L.B., Roberts, W., Glendinning, A., and Coleman, J.C. (1992). “Adolescents' Perception of Significant Individuals in Their Lives.” Journal of Adolescence 15:255–70.Google Scholar
Holder, A.R. (1985). Legal Issues in Pediatrics and Adolescent Medicine. Second edition. New Haven, CT: Yale University Press.Google Scholar
Jacobson v. Massachusetts (1905). 197 U.S. 11.Google Scholar
Juszczak, L. (1992). “Adolescent Parenthood.” In Friedman, S.B., Fisher, M., and Schonberg, S.K. (eds.), Comprehensive Adolescent Health Care. St Louis, MO: Quality Medical Publishing.Google Scholar
Ku, L.C., Sonenstein, F.C., and Pleck, J.H. (1992). “The Association of AIDS Education and Sex Education with Sexual Behavior and Condom Use among Teenage Men.” Family Planning Perspectives 24:100–106.Google Scholar
Meyer v. Nebraska (1923). 262 U.S. 390.Google Scholar
Mnookin, R.H. and Weisberg, D.K. (1989). Child, Family and State: Problems and Materials on Children and the Law. Second edition. Boston, MA: Little, Brown.Google Scholar
Nicholson, L. (1986). Gender and History: The Limits of Social Theory in the Age of the Family. New York: Columbia University Press.Google Scholar
Okin, S.M. (1989). Justice, Gender and the Family. New York: Basic Books.Google Scholar
Pierce v. Society of Sisters (1925). 268 U.S. 510.Google Scholar
Planned Parenthood Federation of America v. Heckler (1983). 712 F.2d 650.Google Scholar
Purdy, L. (1992). In Their Best Interest: The Case Against Equal Rights for Children. New York: Cornell University Press.Google Scholar
Rodham, H. (1973). “Children Under the Law.” Harvard Educational Review 43:487–514.Google Scholar
Rodham, H. (1979). “Children's Rights: A Legal Perspective.” In Vardin, P.A. and Brody, I.N. (eds.), Children's Rights: Contemporary Perspectives. New York: Teachers College Press.Google Scholar
Scherer, D.G. and Reppucci, N.D. (1988). “Adolescents' Capacities to Provide Voluntary Informed Consent: The Effects of Parental Influence and Medical Dilemmas.” Law and Human Behavior 12:123–41.Google Scholar
Sigman, G.S. and O'Connor, C. (1991). “Exploration for Physicians of the Mature Minor Doctrine.” Journal of Pediatrics 119:520–25.Google Scholar
State of New York v. Heckler (1983). 719 F.2d 119.Google Scholar
Wardle, L.D. (1989). “Parents' Rights vs. Minors' Rights Regarding the Provision of Contraceptives to Teenagers.” Nebraska Law Review 68:216–60.Google Scholar
Washington, A.E., Sweet, R., and Shafer, M-A. (1987). “Pelvic Inflammatory Disease and Its Sequelae in Adolescents.” Sexually Active Teenagers 1:6678.Google Scholar
Weithorn, L. and Campbell, S. (1982). “The Competency of Children and Adolescents to Make Informed Treatment Decisions.” Child Development 53:1589–98.Google Scholar
Wisconsin v. Yoder (1972). 406 U.S. 205.Google Scholar
Zabin, L.S. and Clark, S.D. (1981). “Why They Delay: A Study of Teenage Family Planning Clinic Patients.” Family Planning Perspectives 13:205–17.Google Scholar