The Legislative Status of Sex and Birth Control Education in the United States

Abstract

A review of the literature on sex education revealed that no summary existed of the legislative status of sex and birth control education in the United States. Consequently the author conducted a survey by mail questionnaires to directors of health and physical education and recreation or to directors of health education in the state boards of education in the 50 states four territories and the District of Columbia in order to ascertain the current status of such education. To verify for completeness and accuracy a random check including a search through the appropriate statutes was made of ten returns. In all ten cases there was agreement between the return and the statutes for that state or territory. Two states Massachusetts and Tennessee and one territory the Virgin Islands did not reply. Status in those three cases was determined by a search of the annotated statutes. The survey results first appeared in a larger unpublished paper by the author in August 1968 and subsequently were updated to June 1969. Probably the most significant finding of the survey was that most states had no law either authorizing or prohibiting the teaching of sex or birth control education in their schools. In 48 states and territories nothing was said either favoring or prohibiting sex education. In fully 54 cases there was no statute regarding birth control education in the schools. (excerpt)