Wis. District Attorney Says Teachers Could Face Charges for Complying With Sex Education Law

April 8, 2010 — In a letter to five Wisconsin school districts, Juneau County District Attorney Scott Southworth (R) told educators they could face criminal charges if they comply with a new state law that requires school sex education programs to include instruction on contraception, the AP/Yahoo! News reports (Richmond, AP/Yahoo! News, 4/7).

Wisconsin schools are not required to teach sex education. The law requires those that do offer such instruction to address the benefits, side effects, and correct use of contraceptives and other methods to prevent sexually transmitted infections and pregnancies. Parents may opt to have their children excluded from the lessons, and the law does not alter a 2007 state law requiring teachers to stress abstinence until marriage as the best method for avoiding pregnancy and STIs (Women's Health Policy Report, 2/1). The law also requires instruction on the criminal penalties of having underage sex, which is illegal under Wisconsin law.

In his March 24 letter, Southworth wrote that schools should stop sexual education courses until the law is repealed (AP/Yahoo! News, 4/7). He argued that the law "promotes the sexualization -- and sexual assault -- of our children" by implicitly encouraging them to have sex. According to Southworth, teachers could be charged with promoting the delinquency of a minor for teaching students ages 16 or younger "how to utilize contraceptives under circumstances where the teacher knows the child is engaging in sexual activity with another child -- or even where the 'natural and probable consequences' of the teacher's instruction is to cause that child to engage in sexual intercourse with a child" (Marley, Milwaukee Journal Sentinel, 4/6).

Southworth also said that language prohibiting biased instruction makes it impossible to teach that sexual promiscuity is wrong. His letter also claims that a provision of the law allowing volunteer health care providers to offer sex education could permit Planned Parenthood employees to market sexually oriented products to students.

Law's Supporters Respond To Letter

Chris Taylor, public policy director for Planned Parenthood of Wisconsin, said the organization's representatives do not visit schools unless they are invited by school officials. Taylor added, "The real issue here is you have a district attorney who says teachers will be prosecuted" (AP/Yahoo! News, 4/7).

The Wisconsin Department of Health also disputed Southworth's interpretation. "The law provides comprehensive, medically accurate, unbiased and age-appropriate information, and teaches teens about the potential negative consequences of their choices," department spokesperson Seth Boffeli in a statement. He continued, "The law helps identify abuse and prevent teen pregnancy," adding, "Study after study has shown that abstinence-only education does not work. The Healthy Youth Act updates our standards to reflect the health risks teens face today" (Holewa, AOL News, 4/7).