Bowen v. Kendrick

Last updated

Bowen v. Kendrick
Seal of the United States Supreme Court.svg
Argued March 30, 1988
Decided June 29, 1988
Full case nameBowen v. Kendrick
Citations487 U.S. 589 ( more )
108 S. Ct. 2562; 101 L. Ed. 2d 520
Case history
PriorKendrick v. Bowen, 657 F. Supp. 1547 (D.D.C. 1987)
Holding
The Adolescent Family Life Act did not violate the Establishment Clause of the First Amendment.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
Case opinions
MajorityRehnquist, joined by White, O'Connor, Scalia, Kennedy
ConcurrenceO'Connor
ConcurrenceKennedy, joined by Scalia
DissentBlackmun, joined by Brennan, Marshall, Stevens
Laws applied
U.S. Const. amend. I, Adolescent Family Life Act

Bowen v. Kendrick, 487 U.S. 589 (1988), was a United States Supreme Court case in which the Court upheld the constitutionality of the Adolescent Family Life Act. [1]

Contents

Background

The Adolescent Family Life Act was implemented by the United States Congress in 1981 as an amendment to the Public Health Service Act. [2] The purpose behind this statute was to combat the social and economic consequences associated with pregnancy and childbirth among unmarried youths. The statute sought to achieve this goal by promoting "... adolescent premarital sexual abstinence, adoption as an alternative to early parenting, parenting and child development education, and comprehensive health, education, and social services..." [2] In order to effectively promote these behaviors and services, the statute permitted federal funds to go toward public and private organizations that offer services and research toward premarital adolescent sexual relations and pregnancy. One of the statute's provisions required that AFLA grants may not be given to programs that provide abortion counseling, nor to programs that promote abortion as a valid means of birth control. [3]

In 1983, a group of federal taxpayers, clergymen, and the American Jewish Congress filed suit against Otis R. Bowen, the Secretary of Health and Human Services, arguing that the Adolescent Family Life Act violated the Establishment Clause of the First Amendment. [3] The Establishment Clause forbids Congress from passing laws "... respecting an establishment of religion..." As a result of the AFLA, federal grants were distributed to religious organizations that encourage adolescents to refrain from involvement in sexual relationships. The plaintiffs argued that federal funds directed towards religiously affiliated organizations have the effect of advancing religion and thus are unconstitutional.

Supreme Court Decision

When deciding this case, the United States Supreme Court applied the three-part test set forth by Lemon v. Kurtzman . [1] According to this test, a statute will be upheld if it can satisfy each of the following three parts: 1) the statute has a secular legislative purpose, 2) its primary effect neither advances nor inhibits religion, and 3) it does not excessively entangle government with religion. [4] The Court first held that the Adolescent Family Life Act had a secular purpose, as it was enacted to combat the social and economic problems associated with teenage sexuality, pregnancy, and parenthood, [1] with no reference to religious matters. Second, the Court found that the extent to which this statute advances religion is "incidental and remote" at most. [1] The statute does not require that any grant recipients be affiliated with a religious organization and the services that the act provides are not themselves religiously motivated. Lastly, the Court found that the statute does not excessively entangle government with religion because it requires that the grants be monitored to ensure that the federal funds are being spent in the manner intended by Congress. [1] Therefore, since the Court found that the Adolescent Family Life Act satisfies all three parts of the Lemon test, the statute's constitutionality was upheld.

On January 19, 1993, the parties agreed to a settlement regarding the federal funds distributed by the Adolescent Family Life Act. The settlement required that sexuality education funded by the Act "... may not include religious references, may not be offered in a site used for religious worship services, or offered in sites with religious iconography." [3]

See also

Related Research Articles

<span class="mw-page-title-main">Premarital sex</span> Sexual activity before marriage

Premarital sex is sex before marriage. Premarital sex is sex between two people who are not married to each other. Premarital sex is considered a sin by a number of religions and also considered a moral issue which is taboo in many cultures. Since the Sexual Revolution of the 1960s, it has become accepted by certain liberal movements, especially in Western countries. A 2014 Pew study on global morality found that premarital sex was considered particularly unacceptable in "Muslim Majority Countries", such as Malaysia, Jordan and Pakistan, each having over 90% disapproval, while people in Western European countries were the most accepting, with Spain, Germany, and France expressing less than 10% disapproval.

<span class="mw-page-title-main">Religious Freedom Restoration Act</span> 1993 United States federal law

The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488, codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4, is a 1993 United States federal law that "ensures that interests in religious freedom are protected." The bill was introduced by Congressman Chuck Schumer (D–NY) on March 11, 1993. A companion bill was introduced in the Senate by Ted Kennedy (D-MA) the same day. A unanimous U.S. House and a nearly unanimous U.S. Senate—three senators voted against passage—passed the bill, and President Bill Clinton signed it into law.

Webster v. Reproductive Health Services, 492 U.S. 490 (1989), was a United States Supreme Court decision on upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling an abortion. The Supreme Court in Webster allowed for states to legislate in an aspect that had previously been thought to be forbidden under Roe v. Wade (1973).

Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law. Before this decision, the clause, which states, "Congress shall make no law respecting an establishment of religion", restricted only the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.

<i>Reynolds v. United States</i> 1879 United States Supreme Court case

Reynolds v. United States, 98 U.S. 145 (1878), was a Supreme Court of the United States case which held that religious duty was not a defense to a criminal indictment. Reynolds was the first Supreme Court opinion to address the First Amendment's protection of religious liberties, impartial juries and the Confrontation Clauses of the Sixth Amendment.

In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

Rust v. Sullivan, 500 U.S. 173 (1991), was a case in the United States Supreme Court that upheld Department of Health and Human Services regulations prohibiting employees in federally funded family-planning facilities from counseling a patient on abortion. The department had removed all family planning programs that involving abortions. Physicians and clinics challenged this decision within the Supreme Court, arguing that the First Amendment was violated due to the implementation of this new policy. The Supreme Court, by a 5–4 verdict, allowed the regulation to go into effect, holding that the regulation was a reasonable interpretation of the Public Health Service Act, and that the First Amendment is not violated when the government merely chooses to "fund one activity to the exclusion of another".

South Dakota v. Dole, 483 U.S. 203 (1987), was a case in which the United States Supreme Court considered the limitations that the Constitution places on the authority of the United States Congress to influence state lawmaking. The Court upheld the constitutionality of a federal statute that withheld federal funds from states whose legal drinking age did not conform to federal policy. The dissent argued that the minimum drinking age condition for states to receive federal highway funds was not sufficiently related to Congress' interests in expending the funds and consequently exceeded Article 1, Section 8, spending power.

Cantwell v. Connecticut, 310 U.S. 296 (1940), is a landmark court decision by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.

<span class="mw-page-title-main">Abstinence-only sex education</span> Form of sex education

Abstinence-only sex education is a form of sex education that teaches not having sex outside of marriage. It often excludes other types of sexual and reproductive health education, such as birth control and safe sex. In contrast, comprehensive sex education covers the use of birth control and sexual abstinence.

Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007), was a decision by the United States Supreme Court which ruled that taxpayers do not have the right to challenge the constitutionality of expenditures by the executive branch of the government. The issue was whether taxpayers have the right to challenge the existence of the White House Office of Faith-Based and Community Initiatives. The case centered on three Supreme Court precedents: Flast v. Cohen, Bowen v. Kendrick, and Valley Forge Christian College v. Americans United for Separation of Church & State.

Harris v. McRae, 448 U.S. 297 (1980), was a case in which the Supreme Court of the United States held that states participating in Medicaid are not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment, which restricted the use of federal funds for abortion. The Court also held that the funding restrictions of the Hyde Amendment did not violate the Fifth Amendment or the Establishment Clause of the First Amendment.

The Office of Population Affairs (OPA) is part of the Office of Public Health and Science in the United States Department of Health and Human Services (HHS). It is responsible for reproductive health topics, including adolescent pregnancy, family planning, and sterilization, as well as other population issues.

In the United States, sex education is taught in two main forms: comprehensive sex education and abstinence-only as part of the Adolescent Family Life Act, or AFLA. Comprehensive sex education is also called abstinence-based, abstinence-plus, abstinence-plus-risk-reduction, and sexual risk reduction sex education. This approach covers abstinence as a choice option, but also informs adolescents about age of consent and the availability of contraception and techniques to avoid contraction of sexually transmitted infections. Every state within the U.S. has a mandated AIDS Education Program.

Legal Services Corp. v. Velazquez, 531 U.S. 533 (2001), is a decision of the Supreme Court of the United States concerning the constitutionality of funding restrictions imposed by the United States Congress. At issue were restrictions on the Legal Services Corporation (LSC), a private, nonprofit corporation established by Congress. The restrictions prohibited LSC attorneys from representing clients attempting to amend existing welfare law. The case was brought by Carmen Velazquez, whose LSC-funded attorneys sought to challenge existing welfare provisions since they believed that it was the only way to get Velazquez financial relief.

National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), is a landmark United States Supreme Court decision in which the Court upheld Congress's power to enact most provisions of the Patient Protection and Affordable Care Act (ACA), commonly called Obamacare, and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most Americans to pay a penalty for forgoing health insurance by 2014. The Acts represented a major set of changes to the American health care system that had been the subject of highly contentious debate, largely divided on political party lines.

<span class="mw-page-title-main">Adolescent Family Life Act</span> US law

The Adolescent Family Life Act (AFLA) is a United States federal law enacted during the Reagan Administration as part of the Omnibus Budget Reconciliation Act of 1981. AFLA provided funding for a series of social programs aimed at promoting abstinence through reproductive health education.

Zubik v. Burwell, 578 U.S. 403 (2016), was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the United States Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations. On May 16, 2016, the Supreme Court vacated the Court of Appeals ruling in Zubik v. Burwell and the six cases it had consolidated under that title and returned them to their respective courts of appeals for reconsideration.

The following timeline represents formal legal changes and reforms regarding women's rights in the United States except voting rights. It includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents.

National Institute of Family and Life Advocates v. Becerra, 585 U.S. 755 (2018), was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The law required that licensed centers post visible notices that other options for pregnancy, including abortion, are available from state-sponsored clinics. It also mandated that unlicensed centers post notice of their unlicensed status. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the Fourteenth Amendment."

References

  1. 1 2 3 4 5 Bowen v. Kendrick, 487 U.S. 589 (1988).
  2. 1 2 Solomon-Fears, Carmen. "Reducing Teen Pregnancy: Adolescent Family Life and Abstinence Education Programs" (PDF). Archived from the original (PDF) on June 5, 2008. Retrieved March 25, 2015.
  3. 1 2 3 Valle-Peters, Mariangela (October 13, 2011). "Adolescent Family Life Act". American Civil Liberties. Archived from the original on July 5, 2014. Retrieved March 25, 2015.
  4. Gillman, Howard, Mark A. Graber, and Keith E. Whittington. "Chapter 10: The Reagan Era." American Constitutionalism: Rights and Liberties. Vol 2. New York: Oxford UP, 2013. 760-64. Print.