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Julie F. Kay - Legal Momentum

About Julie F. Kay

Julie F. Kay is a Staff Attorney at Legal Momentum, a non-profit law center in New York. Working in the Sexuality and Family Rights Program, she challenges gender bias and sex discrimination promoted by federal "abstinence-only" programs. Before joining Legal Momentum, Kay was a Legal Consultant to the Irish Family Planning Association and a Staff Attorney at the Center for Reproductive Rights in New York. A graduate of Harvard University and Brooklyn Law School, Kay served as a law clerk to U.S. District Judge Mark L. Wolf. 

What We’re Not Saying About Sex – And Who It’s Hurting

We’re talking about sex.  Sex in New York and sex in DC.  Sex captures the headlines and dominates the news scrolls.  But we’re not teaching about sex.  And that’s harmful to the health of young women and girls.

While we squirm about Former Governor Eliot Spitzer’s sexual crimes and titter about other politicians’ sexual dalliances, a new report from the Centers for Disease Control and Prevention (“CDC”) reveals skyrocketing rates of sexually transmitted infections among teenaged girls, and we barely blink.  Perhaps this new information should come as no surprise given that our federal policy on sex education rejects teaching prevention, and instead preaches abstinence only.  

Legal Momentum’s new report, Sex, Lies & Stereotypes: How Abstinence Only Programs Harm Women and Girls, provides a comprehensive examination of the nature and extent of federally funded abstinence-only programs. The report exposes the political motivations behind these ineffective programs and highlights the harm they cause to women and girls in particular.

Despite conclusive evidence demonstrating the ineffectiveness of abstinence-only programs, as well as mounting evidence of their harmful effects, such programs continue to receive unprecedented and increasing levels of government funding each year.  Over $1.5 billion in federal and state funding has been allocated for abstinence-only programs since they began in 1982, and funding has flourished throughout the Bush administration.  

Abstinence-only funding streams specifically invite applications from religious and secular organizations that oppose abortion and contraception.  In sharp contrast, comprehensive sex education programs that provide information about contraceptive use and practicing safe sex need not apply.  The federal guidelines state that programs may not “encourage the use or combining of any contraceptives in order to make sex ‘safer.’”  If abstinence fails, there is no back-up. 

Girls and women bear the brunt of this nonsensical policy.  Females have a greater risk of contracting an STI through unprotected heterosexual sexual activity and generally suffer greater life-long health consequences than males do.  According to the new CDC data, one in four teenage girls has a sexually transmitted infection and African-American girls are at more than twice the risk as white girls.  HIV/AIDS is the gravest risk posed to young people by unprotected sexual activity, and right now people under the age of 25 are the fastest-growing category of new HIV infections.  Again, young minority women are particularly at risk of contracting this disease.

Abstinence-only programs not only lack the accurate and complete sexual health information needed to combat this epidemic, but by failing to teach about condoms, and even disparaging condom use, they are likely to increase teens’ risk of contracting an STI.  A study of adolescents who took virginity pledges -- a common feature of abstinence-only programs -- found that while pledgers delayed sexual debut slightly, when they did engage in sexual activity, they used condoms less frequently and were less likely to be tested for STIs than non-pledgers.  Also, students who took part in abstinence-only programs were more likely to incorrectly believe that condoms do not protect against STIs. If teens are taught in school that condoms provide no advantage in preventing pregnancy or disease, they certainly have no reason to use them regularly.

Young women and girls are at great risk of unplanned pregnancy as well.  CDC research shows that teen birthrates in the United States have jumped 3% from 2005 to 2006 after more than 15 years of steady decline.   A lack of information about how to prevent pregnancy -- other than by remaining 100% abstinent -- clearly impacts girls far more than boys for the simple reason that only women and girls become pregnant.  Teenage girls who have given birth all too often bear primary or sole responsibility for raising their children, sacrificing their own educational or career opportunities to a great extent.

The most recent national study of sex education programs confirmed that teens receiving comprehensive sex education were less likely to report pregnancies than teens who participated in abstinence-only programs.  Nonetheless, President Bush is requesting an additional $27 million in funding for the Community Based Abstinence Education Program; seeking a grand total of over $200 million for abstinence programs for Fiscal Year 2009. 

As the evidence has grown, abstinence-only programs have become wildly unpopular and face increasing scrutiny by state and national governments, public health experts, women’s rights advocates, the human rights community, and concerned parents and teens.  Already 17 states have rejected federal funding for abstinence-only programs provided under the federal Title V program.  These states recognize that spending the required state matching funds on such harmful programs is beyond wasteful.  Similarly, surveys of parents have repeatedly shown they do not favor such an overly-simplified “just-say-no” approach to sex education for their children. 

Clearly we need a more effective approach than abstinence-only to prevent unwanted pregnancy and disease among young women and men.  Young people need honest and comprehensive information about sexual activity in order to determine whether they should wait to have sex and how to make healthy decisions ifand when they do engage in sexual activity.  A one-size-fits-all abstinence-only approach fits no one.  It fails in practice and women and girls in particular get hurt. 

Yet the federal government continues to preach abstinence-only.  And to fund it heavily.  It is past time to stop spending state and federal funds for such ineffective and dangerous programs.  Let’s stop talking about politics and sex and instead start talking about the real politics of sex.  And let’s teach young women how to live sexually healthy lives.

This post previously appeared in on the website of the Center for American Progress www.americanprogress.org.



Published Friday, April 11, 2008 12:02 AM by Julie F. Kay

© Julie F. Kay. All rights reserved.

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