ABSTRACT
In 1995, the US Court of Appeals for the First Circuit rejected an argument that a sex education program presented to students at a special assembly violated the students’ right to privacy and due process. The court applied a rational basis test after it was decided that parents have no such fundamental right to direct their child’s education under privacy laws or at least not one that would be protected with a strict scrutiny analysis. The US District Court examined the issue of the Establishment Clause’s role in sex education suits when the student brought action against the school district and teacher, alleging the teacher’s in-class comments were hostile to religion, thus violating the Establishment Clause. During the course of a discussion in an Advanced Placement European History course, the plaintiff alleged that his teacher’s commentary regarding the availability of contraception at school health centers demonstrated hostility toward religion.
