In this early 1980s case, Women's Committee for Responsible Government, an anti-abortion group, and five individual taxpayers sued the Office of Family Planning (OFP), and Barbara Aved, as Chief of the Office of Family Planning - a state agency. Also sued were Beverly Myers, Director of the State Department of Heath Services, and the Department of Education. The issue that was debated in this case was "whether OFP exceeded its statutory authority and violated constitutional guidelines by providing funding for certain sex education materials." Also contested was the spending of public money on these sex education materials. A court document notes: "OFP is statutorily authorized to fund contracts for two different types of programs, one relating to education and information, the other relating to clinical services." In 1977-1978, OFP awarded a contract to Planned Parenthood of Santa Cruz County to develop a sex education manual for use in schools by teachers. Another manual ("a peer manual") was in development. The manual, by its own description, "...concerns itself only briefly with philosophical considerations and not at all with political considerations."

The Committee alleged that these manuals violate "general public policy by encouraging teenage sexual activity and specifically the policy expressed in Civil Code section 261.5" ('the statutory rape' provision). The court disagreed. They also noted that there is nothing in either of the manuals that could be "construed as encouraging sexual activity." The Committee also argues that the manuals violate the First Amendment by encouraging a particular viewpoint, which they call "secular humanism." The court writes: "We find this claim meritless." In a puzzling conclusion, they also write: "Throughout the Teacher's Guide and Peer Manual, teachers and peer educators are cautioned to present all sides of an issue. For example, as previously noted, the viewpoint that homosexuality is sinful is to be presented, and the many views on abortion are recognized."