The Maryland House of Delegates passed legislation on Friday that would repeal a prohibition on selling condoms in vending machines within public schools.
House Bill 380, sponsored by Democrat Delegate Nicole Williams, would allow contraceptives to be sold in vending machines in nursery schools, preschools, elementary schools, and high schools, according to the Baltimore Sun. The bill also eliminates the current misdemeanor criminal penalty, which carries a $1,000 fine. However, it does not mandate schools to sell contraceptives, leaving the decision to individual school systems.
"It’s a really simple bill. All it does is remove a criminal penalty,” Williams explained on the house floor before the vote on Friday. "It’s not setting policy. It’s not dictating to anyone what they should or should not do, or to any of our school systems. All we’re doing is removing a misdemeanor from our criminal law article.”
The legislation passed in the House by a vote of 89-41 and will now move to the state Senate for consideration.
The Maryland Department of Health has voiced support for the measure. Maryland Health Secretary Dr. Laura Herrera Scott stated in written testimony that research indicates access to condoms in high schools does not lead to increased sexual activity.
"Criminal penalties for providing evidence-based contraception create unnecessary barriers that threaten access to an essential public health resource in Maryland,” she wrote. “These penalties perpetuate stigma around contraceptive use and hinder access.”
The bill, however, has drawn criticism from Republican lawmakers. Republican delegate Kathy Szeliga referred to it as “condoms for kiddies,” saying the bill "goes too far.”
Harford County Republican Delegate Lauren Arikan also opposed the measure, questioning the necessity of condom sales in places for education.
"Why in the world would someone in a preschool need a condom?” asked Arikan. "People in every possible work of life — every job you can imagine — have sex. And do you know where those people go to get condoms and prophylactics of other types? They go to the CVS like everybody else."
"Where do all of you go?" she added, addressing fellow lawmakers. "There’s no vending machine condom things out here. Somehow you found them. It’s a miracle."
