1988 United States Supreme Court case
Bowen v. Kendrick |
---|
|
Argued March 30, 1988 Decided June 29, 1988 |
---|
Full case name | Bowen v. Kendrick |
---|
Citations | 487 U.S. 589 (more) 108 S. Ct. 2562; 101 L. Ed. 2d 520 |
---|
Case history |
---|
Prior | Kendrick 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 |
---|
Majority | Rehnquist, joined by White, O'Connor, Scalia, Kennedy |
---|
Concurrence | O'Connor |
---|
Concurrence | Kennedy, joined by Scalia |
---|
Dissent | Blackmun, 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]
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
References
- ^ a b c d e Bowen v. Kendrick, 487 U.S. 589 (1988).
- ^ a b 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.
- ^ a b c 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.
- ^ 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.
External links
- Text of Bowen v. Kendrick, 487 U.S. 589 (1988) is available from: Google Scholar Justia Library of Congress Oyez (oral argument audio)
|
---|
Public displays and ceremonies | |
---|
Statutory religious exemptions | |
---|
Public funding | |
---|
Religion in public schools | |
---|
Private religious speech | |
---|
Internal church affairs | |
---|
Taxpayer standing | |
---|
Blue laws | |
---|
Other | |
---|
|
|
|
|
---|
Unprotected speech | Incitement and sedition | |
---|
Libel and false speech | |
---|
Fighting words and the heckler's veto | |
---|
True threats | |
---|
Obscenity | - Rosen v. United States (1896)
- United States v. One Book Called Ulysses (S.D.N.Y. 1933)
- Roth v. United States (1957)
- One, Inc. v. Olesen (1958)
- Smith v. California (1959)
- Marcus v. Search Warrant (1961)
- MANual Enterprises, Inc. v. Day (1962)
- Jacobellis v. Ohio (1964)
- Quantity of Books v. Kansas (1964)
- Ginzburg v. United States (1966)
- Memoirs v. Massachusetts (1966)
- Redrup v. New York (1967)
- Ginsberg v. New York (1968)
- Stanley v. Georgia (1969)
- United States v. Thirty-seven Photographs (1971)
- Kois v. Wisconsin (1972)
- Miller v. California (1973)
- Paris Adult Theatre I v. Slaton (1973)
- United States v. 12 200-ft. Reels of Film (1973)
- Jenkins v. Georgia (1974)
- Southeastern Promotions, Ltd. v. Conrad (1975)
- Erznoznik v. City of Jacksonville (1975)
- Young v. American Mini Theatres, Inc. (1976)
- Vance v. Universal Amusement Co., Inc. (1980)
- American Booksellers Ass'n, Inc. v. Hudnut (7th Cir. 1985)
- People v. Freeman (Cal. 1988)
- United States v. X-Citement Video, Inc. (1994)
- Reno v. ACLU (1997)
- United States v. Playboy Entertainment Group, Inc. (2000)
- City of Los Angeles v. Alameda Books, Inc. (2002)
- Ashcroft v. ACLU I (2002)
- United States v. American Library Ass'n (2003)
- Ashcroft v. ACLU II (2004)
- Nitke v. Gonzales (S.D.N.Y. 2005)
- United States v. Williams (2008)
- American Booksellers Foundation for Free Expression v. Strickland (6th Cir. 2009)
- United States v. Kilbride (9th Cir. 2009)
- United States v. Stevens (2010)
- Brown v. Entertainment Merchants Ass'n (2011)
- FCC v. Fox Television Stations, Inc. (2012)
|
---|
Speech integral to criminal conduct | |
---|
|
---|
Strict scrutiny | |
---|
Vagueness | |
---|
Symbolic speech versus conduct | |
---|
Content-based restrictions | |
---|
Content-neutral restrictions | |
---|
Compelled speech | |
---|
Compelled subsidy of others' speech | |
---|
Government grants and subsidies | |
---|
Government as speaker | |
---|
Loyalty oaths | |
---|
School speech | |
---|
Public employees | |
---|
Hatch Act and similar laws | |
---|
Licensing and restriction of speech | |
---|
Commercial speech | - Valentine v. Chrestensen (1942)
- Rowan v. U.S. Post Office Dept. (1970)
- Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations (1973)
- Lehman v. Shaker Heights (1974)
- Goldfarb v. Virginia State Bar (1975)
- Bigelow v. Virginia (1975)
- Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council (1976)
- Linmark Assoc., Inc. v. Township of Willingboro (1977)
- Carey v. Population Services International (1977)
- Bates v. State Bar of Arizona (1977)
- In re Primus (1978)
- Ohralik v. Ohio State Bar Association (1978)
- Friedman v. Rogers (1979)
- Consol. Edison Co. v. Public Serv. Comm'n (1980)
- Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
- Metromedia, Inc. v. San Diego (1981)
- In re R.M.J. (1982)
- Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982)
- Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio (1985)
- Pacific Gas & Electric Co. v. Public Utilities Comm'n of California (1986)
- Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico (1986)
- San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee (1987)
- Shapero v. Kentucky Bar Association (1988)
- Riley v. Nat'l Fed'n of the Blind (1988)
- State University of New York v. Fox (1989)
- Peel v. Attorney Registration and Disciplinary Commission of Illinois (1990)
- City of Cincinnati v. Discovery Network (1993)
- Edenfield v. Fane (1993)
- United States v. Edge Broadcasting Co. (1993)
- Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy (1994)
- Lebron v. National Railroad Passenger Corp. (1995)
- Rubin v. Coors Brewing Co. (1995)
- Florida Bar v. Went For It, Inc. (1995)
- 44 Liquormart, Inc. v. Rhode Island (1996)
- Glickman v. Wileman Brothers & Elliot, Inc. (1997)
- Greater New Orleans Broadcasting Assn., Inc. v. United States (1999)
- Los Angeles Police Department v. United Reporting Publishing Co. (1999)
- United States v. United Foods Inc. (2001)
- Lorillard Tobacco Co. v. Reilly (2001)
- Thompson v. Western States Medical Center (2002)
- Nike, Inc. v. Kasky (2003)
- Johanns v. Livestock Marketing Ass'n (2005)
- Tennessee Secondary School Athletic Assn. v. Brentwood Academy (2007)
- Milavetz, Gallop & Milavetz, P.A. v. United States (2010)
- Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (2010)
- Sorrell v. IMS Health Inc. (2011)
- Expressions Hair Design v. Schneiderman (2017)
- Matal v. Tam (2017)
- Iancu v. Brunetti (2019)
- Barr v. American Association of Political Consultants (2020)
- Vidal v. Elster (2024)
|
---|
Campaign finance and political speech | |
---|
Anonymous speech | |
---|
State action | |
---|
Official retaliation | |
---|
Boycotts | |
---|
Prisons | |
---|
|
|
|
|
|
---|
Organizations | |
---|
Future Conduct | |
---|
Solicitation | |
---|
Membership restriction | |
---|
Primaries and elections | |
---|
|
|
|