Legal Experts, Teachers Dispute Wis. County D.A.'s Arguments Against Comprehensive Sex Education

Main Category: Sexual Health / STDs
Also Included In: Pediatrics / Children's Health;  Women's Health / Gynecology
Article Date: 12 Apr 2010 - 0:00 PDT

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Wisconsin parents, teachers and legal experts are criticizing a letter from Juneau County District Attorney Scott Southworth that warned educators they could face criminal charges for the delinquency of a minor if they comply with a new law requiring school sex education programs to teach about contraception, the AP/Atlanta Journal-Constitution reports. Under Wisconsin law, sex is prohibited among minors. Southworth argues that teaching students about contraception would encourage them to have sex and therefore lead to violations of the law.

In the letter, Southworth urged school districts to refrain from offering sex education until the state Legislature repeals the law, according to the AP/Journal-Constitution. Delinquency of a minor is a misdemeanor charge that could bring a sentence of up to nine months in prison and a $10,000 fine.

Although Wisconsin does not require schools to offer sex education, the new law says schools that do offer the programs must teach students about the benefits of abstinence, proper use of contraceptives, how to make responsible choices about sex and criminal penalties for having sex underage. The new law allows parents to keep their children out of sex education classes.

According to the AP/Journal-Constitution, Southworth's letter contained no evidence to demonstrate that contraceptive instruction makes students more likely to have sex.

Janine Geske, a professor of law at Marquette University and a former state Supreme Court justice, questioned Southworth's legal logic. "To be frank, I can't follow exactly what he's trying to get at," she said, adding, "If a teacher is educating a student pursuant to state law ... I don't see how under any examination (that) could be criminal." She predicted that any charges Southworth might bring against a teacher for adhering to the new state law would be dismissed.

Wisconsin teacher Mike Taake, who has taught sex education for three decades, said his experience has shown him that an abstinence-only approach to sex education is ineffective. He said he plans to teach students how to properly use contraceptives regardless of Southworth's threat of prosecution.

Many Wisconsin parents also are "befuddled by Southworth's warning," the AP/Journal-Constitution reports.

Southworth denies that he is attempting to strengthen his reputation among social conservatives in preparation for a run for higher office. Some antiabortion-rights groups, including Pro-Life Wisconsin, said they support his stance and oppose the law. Matt Sande, legislative director for the group, said, "We commend [Southworth] for his courage, his frankness in exposing the consequences of this irresponsible new law" (Richmond, AP/Atlanta Journal-Constitution, 4/9).

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