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Can Doctors Be Required to Tell the Government About Teen Sex?

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6 Responses

  1. MJ says:

    Honestly Dan, not a single word in your analysis about the fact that these are minors making this constitutional argument? Isn’t that a pretty crucial fact given the Supreme Court’s stated position that “Unemancipated minors lack some of the most fundamental rights of self-determination, including even the right of liberty in its narrow sense. . . They are subject, even as to their physical freedom. . . to the control of their parents or guardians.” Vernonia Sch. Dist. 47j v. Acton, 515 U.S. 646,654 (1995)?

    Isn’t the state and parental argument going to be something to the effect of “Minors don’t have the same rights as the general public (See curfew cases like Schleifer v. City of Charlottesville, 159 F.3d 843 (4th Cir. 1998)); parents are legally responsible for the care (the “duty to protect) and welfare of their children and therefore need information related to their health/the drugs they are being prescribed ect…

    I’m not saying that argument itself or combined with some combination of arguments will ultimately win, but the fact that we are talking about minors makes this decidedly not a run of the mill privacy case.

  2. none says:

    What about HIPPA? Does that preempt the state’s authority to compel disclosure?

  3. Dylan says:

    This argument seems to suggest that a requirement that hospitals report gunshot wounds to the police is also unconstitutional. In some ways that argument would actually be stronger than this one: statutory rape is a strict liability crime, but there’s always the slim possibility that your patient was shot through no legal fault of himself or another party.

  4. codi says:

    I agree with dylan.even though it is against constitutional rights, they are minors wich minors dont have any say in what goes on in our government because the government thinks we (i being a minor myself) are to imiture. well on some levels i have to agree with that (knowing my friends you would to) but when it comes down to all seriousness i think that almost 98% of all the people i know under 18 could make a good and logical decision.

    The fact of the matter is minors dont have a say in what goes on unless it violates our nateral rights (wich the constitution is based off of) it dosent make sence the constitution and our natural rights are almost the same but yet what the u.s. has added were not subjected to

    if you ask me i think that the professinols that deal with sex related senarios shouldent have to report sex with girls and boys about the same age now if its sexual abuse or otherwise known as rape thats a totaly differint story but if a 15 year old girl and a 15 year old boy want to have sex thats their busness and if the state says otherwise then teenagers will just stop going to the doctors to get tested for hivs and stop going to counselers wich then they could end up being a “sex-aholic” then they start to sell theirselfs wich could lead to drugs the prostatution at an older age

  5. Publius says:

    What if colonial doctors had to report gunshot

    victims to the British? Might make it easier

    to finish them off or find their families.

    Basically, it’s deputizing the doctors so they

    act like cops and report “crimes”; only problem

    is that this role puts their primary role of

    helping their patient in jeopardy. Just another

    police state-type regulation down to the road

    to Hell in a handbasket.

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