Balancing Acts: Student Rights, Parental Authority, and State Interests in Modern Sex Education

Anderson, Linda S.

Journal: Marquette Benefits and Social Welfare Law Review

Volume: 27

First Page: 1

Year: 2025

Bluebook Citation: 27 MARQ. BEN. & SOC. WEL. L. REV. 1 (2025)

Author: Linda S. Anderson: all 5 publications


Abstract

The article explores the complex interplay between parental rights, state authority, and student interests in the context of sex education in American public schools. It highlights the ongoing tension between abstinence-only and comprehensive sex education approaches, emphasizing the need for a student-centric framework that balances the rights and responsibilities of all stakeholders. The current legal landscape is examined through historical development, seminal court decisions, and recent legislative trends. Empirical evidence is presented to demonstrate the effectiveness of comprehensive sex education in promoting public health and supporting adolescents' development.

The article advocates for a framework that incorporates student autonomy, age-appropriate content, and comprehensive teacher training, while addressing practical considerations such as content standards and opt-out provisions. Through this analysis, the article aims to advance understanding of sex education law and advocate for policies that better serve students' health and well-being.

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