Date: Sat, 18 May 1996 07:33:24 -0700 (PDT) From: jessea@uclink4.berkeley.edu (Jessea NR Greenman) Subject: ACLU seeks to have Philadelphia condom suit moved to federal court [To support the Philadelphia school board: phone= 215-299-7920, fax= 215-299-7199. The Superintendent is David Hornbeck, phone=215-299-7823, fax= 215-299-4687. To support the ACLU or to obtain more info re the suit, contact Larry Frankel at 215.592.1513 extension 218 or email aclulegis@aol.com] ACLU Reproductive Freedom Project moved Fri. 5/17/96 to have an ongoing Philadelphia school condom distribution suit moved to federal court. The Philadelphia public schools (as do some other major metropolitan districts) have a policy of providing condoms to students without requiring parental consent. The motion was filed at this stage, according to the ACLU, because the lawyers for the parents group that originally filed the 4-year-old suit - Parents United for Better Schools Inc. [note the name for future reference...names like this crop up often as cover for right-wing efforts] - had recently and for the first time used language linking it to a constitutional issue, claiming last month in a motion to dismiss that the condom distribution program violates the parents' ``fundamental 14th Amendment right to freedom from unnecessary governmental intrusion in the raising of their children.'' [ALERT: note new RPE legal strategy. 14th amendment is DUE PROCESS clause]. The lawyer for the RPE (Abrams) claims the ACLU's effort is merely a strategy to get the case heard in the more favorable arena of the federal courts. [N.B. similar situations happening elsewhere, with ACLU efforts to move cases OUT of state courts]. ``This case has been going on for years,'' Abrams said. ``It's a state issue, not a constitutional issue, [wrong...even if heard by the state, if constitutional issues are raised, it does become federal...STUPID MOVE by the RPE] and it's kind of late for them to want to move it now. The only way this a federal case is if you believe the Constitution guarantees children the right to have condoms distributed in their schools.'' [well, yes, maybe it does! the constitution actually does guarantee children rights too, although the RPE view children as the property of their parents. suggestion to LGBT youth equity organizers: link in coalition with mainstream children's rights and children's protection organizations.] The REAL reasons the Phila district supports condom distribution? To reduce the number of student pregnancies and the spread of AIDS and other sexually transmitted diseases, the school district in 1991 adopted a policy allowing private health providers to counsel students in school-based centers and distribute condoms. *****The district lets parents opt out of the program by sending a letter to school officials.***** [AHA! so all the RPE have to do is send a letter to exclude their own children from this program. seems THEIR rights ARE protected.] The school district is joined in this suit by the ACLU; six parents or guardians favoring the policy; a local physician; and the groups ActionAIDS Inc., the Family Planning Council of Southeastern Pennsylvania and Planned Parenthood of Southeastern Pennsylvania. *+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+*+ OK TO RE-POST. Jessea Greenman The P.E.R.S.O.N. Project (Public Education Regarding Sexual Orientation Nationally) CHECK THIS OUT FOR TONS OF INFO - - http://www.youth.org/loco/PERSONProject/ Please cc us (for our files) on correspondence you send or receive re our action alerts. "As a straight, caucasian adoptive mother of two daughters of African ancestry, I'd much prefer to have RuPaul teaching my children in a classroom than any one of your hate-mongering ilk." said by one of our new subscribers to the religious political extremists in her area.