Homosexuality in High School: Recognizing a Student's Right to Privacy

Authors

Bari Nadworny

Document Type

Note

Abstract

(Excerpt)

This Note argues that high school officials disclosing information about a student's sexual orientation without the student's permission is a violation of the student's constitutional right to informational privacy. Part I examines the Supreme Court's informational privacy jurisprudence. This Part also examines the circuit court opinions that have contributed to the law in this area regarding personal sexual matters. Part II examines the current split of authority between the Third Circuit Court of Appeals, which has held that such a privacy right exists, and the Fifth Circuit Court of Appeals, which has held that it does not. Part III aims to illuminate the privacy rights of high school students regarding sexual orientation by analyzing and analogizing their privacy rights in other sexual matters such as pregnancy, abortion, and contraception.