Equal Protection: Why the HPV Vaccine Should be Mandated for Both Boys and Girls

Abstract

Part I examines HPV and its vaccine, existing and proposed mandates, and the legal frameworks for assessing HPV vaccine mandates. Part II applies the framework of equal protection jurisprudence to examine whether gendered vaccination mandates withstand intermediate scrutiny. Part II also examines the public health impact of gendered mandates as compared to proposed gender-neutral mandates. Finally, Part III proposes suggestions for implementing gender-neutral mandates, methods for remedying the sex discrimination inherent in the existing mandates, and ideas for addressing inequality more broadly through the HPV vaccine.

Keywords

Equal protection, Papillomavirus vaccines, Sex discrimination, United States

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Authors

Elizabeth J. Chen (Washington University School of Law)

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