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86 Wash. U. L. Rev. 1241 (2008-2009)
Abstinence-Only Education Fails African American Youth

handle is hein.journals/walq86 and id is 1251 raw text is: ABSTINENCE-ONLY EDUCATION FAILS
AFRICAN AMERICAN YOUTH
INTRODUCTION
Studies consistently reveal that approximately half of all adolescents
engage in sexual intercourse before graduating high school,1 and many
legal scholars have analyzed the correlation between youths' sexual
activity and abstinence-only sex education.2 Studies also consistently
reveal that the percentage of Black American3 adolescents engaging in
sexual intercourse substantially exceeds that of their White American4
counterparts,5    but few     legal scholars have       analyzed    the   relationship
1. See, e.g., NAT'L CTR. FOR HEALTH STATISTICS, CTRS. FOR DISEASE CONTROL &
PREVENTION, , TEENAGERS IN THE UNITED STATES: SEXUAL ACTIVITY, CONTRACEPTIVE USE, AND
CHILDBEARING, 2002, at 5 (2004), available at http://www.cdc.gov/nchs/data/series/sr 23/sr23_
024.pdf [hereinafter TEENAGERS]; Jacqueline E. Darroch et al., Differences in Teenage Pregnancy
Rates Among Five Developed Countries: The Roles of Sexual Activity and Contraceptive Use, 33 FAM.
PLAN. PERSP. 244, 247 (2001); see also infra note 5.
2. See infra notes 6-8.
3. Consistent with scholarship, this Note will capitalize Black, recognizing Blacks as a distinct
cultural group. See Kimberl6 Williams Crenshaw, Race, Reform, and Retrenchment: Transformation
and Legitimation in Antidiscrimination Law, 101 HARV. L. REV. 1331, 1332 n.2 (1988). This Note will
also use the term Black, Black American, and African American interchangeably to describe
Americans of African descent. Although some Black Americans do not identify themselves as African
American, a 2005 survey found that the Black American population was nearly equally divided on
whether they preferred the term African American or Black. Lee Sigelman et al., What's in a Name?
Preference for Black Versus African-American Among Americans of African Descent, 69 PUB.
OPINION Q. 429, 433-34 (2005). For a brief history of the development of terminology referring to
Black Americans, see id at 429-30.
4. Although many scholars do not capitalize the term White, relying on the argument that
Whites do not constitute a specific cultural group, this Note will capitalize White because, at least in
the context of this Note's topic, Whites constitute a specific cultural group as they are often directly
compared with Blacks. Compare Marion Crain & Ken Matheny, Labor's Identity Crisis, 89 CAL. L.
REV. 1767, 1771 n.15 (2001) (We do not capitalize 'white' because whites do not comprise a specific
cultural group.), and Kimberle Crenshaw, Mapping the Margins: Intersectionality, Identity Politics,
and Violence Against Women of Color, 43 STAN. L. REV. 1241, 1244 n.6 (1991) (I do not capitalize
'white,' which is not a proper noun, since whites do not constitute a specific cultural group.), with
Colin Crawford, Strategies for Environmental Justice: Rethinking CERCLA Medical Monitoring
Lawsuits, 74 B.U. L. REV. 267, 269 n.5 (1994) ([T]his Article will ... capitalize 'White,' on the
grounds that, in this context, the White majority-and particularly White business and industrial
interests-proceeds on a set of cultural assumptions with which the environmental justice advocate
must deal.), and Brant T. Lee, Critical Race Theory: History, Evolution, and New Frontiers: The
Network Economic Effects of Whiteness, 53 AM. U. L. REV. 1259, 1260 n.1 (2004) (1 capitalize
'White' and 'Whiteness' throughout, on the premise that these terms are not natural, objective
descriptions of a biological characteristic but instead represent a socially and culturally constructed
identity category, much like religious or national affiliations, and therefore should be capitalized.).
Additionally, the terms White and Caucasian will be used interchangeably in this Note.
5. Charles Barone et al., High-Risk Sexual Behavior Among Young Urban Students, 28 FAM.

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