Legal Opinion

Alfonso v. Fernandez

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1993PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

PlZZUTO, J.

Today, we hold that the respondents are prohibited from dispensing condoms to unemancipated minor students without the prior consent of their parents or guardians, or without an opt-out provision. Condom distribution in the public schools is a health service rather than health education and thus, in the absence of a provision requiring the prior consent of unemancipated minor students’ parents or guardians, or in the absence of an opt-out provision, lacks common-law or statutory authority. In addition, the respondents’ plan to dispense condoms to unemancipated…

2Cases cited16 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Wisconsin v. YoderSupreme Court of the United States · 1972
  3. Meyer v. NebraskaSupreme Court of the United States · 1923
  4. Pierce v. Society of SistersSupreme Court of the United States · 1925
  5. Sherbert v. VernerSupreme Court of the United States · 1963

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3Cited by17 opinions

  1. Ronald C. Brown v. Hot, Sexy and Safer Productions, Inc.Court of Appeals for the First Circuit · 1995
  2. Anspach v. City of Philadelphia, Department of Public HealthCourt of Appeals for the Third Circuit · 2007
  3. Curtis v. School CommitteeMassachusetts Supreme Judicial Court · 1995
  4. Parents United for Better Schools, Inc. v. School District of Philadelphia Board of EducationCourt of Appeals for the Third Circuit · 1998
  5. Price v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2008

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