Aid for Women v. Foulston

A Kansas reporting statute required certain persons, including healthcare providers, to report to the state any suspicions that a child had been injured by sexual abuse. Failure to do so was a misdemeanor criminal offense. Sexual activity by persons under the age of 16 was illegal in Kansas, even if consensual and with a person of a similar age. Traditionally, however, such consensual underage sexual activity was not considered inherently injurious sexual abuse, leaving it to healthcare providers’ discretion whether individual circumstances required reporting. In 2013, Kansas Attorney General Phill Kline (defendant) issued an advisory opinion that purported to significantly change that long-standing practice. The opinion classified all illegal sexual activity involving minors as sexual abuse that was per se injurious. Such a classification meant that the mandatory reporting requirement would be triggered any time a healthcare provider had reason to suspect a minor was sexually active. Various healthcare providers (plaintiffs) sued Kline and Kansas District Attorney Nola Foulston (defendant), seeking declaratory and injunctive relief preventing enforcement of the reporting statute as interpreted by Kline. As support for his interpretation, Kline cited the state’s interest in protecting minors and promoting public health. However, the providers argued that mandatory reporting of consensual underage sexual activity was against minors’ interests because it would deter receipt of healthcare. The district court considered the parties’ arguments.