Federal

Proposing an amendment to the Constitution of the United States relating to parental rights.

Source: Congress.gov · 339 words in original text

What This Bill Does

This bill proposes a new amendment to the U.S. Constitution about parental rights. The amendment would need approval from two-thirds of Congress and three-fourths of state legislatures to become part of the Constitution.

Who It Affects

Parents, children, the federal government, and state governments.

Key Provisions

• Parents have a fundamental right to direct how their children are raised, educated and cared for (Sec. 1) • Parents have the right to choose private, religious or home schools instead of public schools, and to make reasonable choices within public schools (Sec. 2) • The federal government and states cannot limit these parental rights unless they can prove they have a very important reason to do so that cannot be solved any other way (Sec. 3) • States and the federal government cannot take away these parental rights because a child or parent has a disability (Sec. 4)

What Changes

If ratified, this amendment would add protections for parental rights to the Constitution itself. Parents would gain a constitutional right to direct their children's upbringing and education.

Important Definitions

None defined in bill text.

IA 118TH CONGRESS 1ST SESSION H. J. RES. 38 Proposing an amendment to the Constitution of the United States relating to parental rights. IN THE HOUSE OF REPRESENTATIVES MARCH 1, 2023 Mrs. LESKO (for herself, Mr. DUNCAN, Mr. BANKS, Mrs. MILLER of Illinois, Mr. STEUBE, Mr. POSEY, and Mr. LAMBORN) submitted the following joint resolution; which was referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to parental rights. Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled 2 (two-thirds of each House concurring therein), That the fol- 3 lowing article is proposed as an amendment to the Con- 4 stitution of the United States, which shall be valid to all 5 intents and purposes as part of the Constitution when 6 ratified by the legislatures of three-fourths of the several 7 States: 8 VerDate Sep 11 2014 23:44 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HJ38.IH HJ38 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HJ 38 IH ‘‘ARTICLE — 1 ‘‘SECTION 1. The liberty of parents to direct the up- 2 bringing, education, and care of their children is a funda- 3 mental right. 4 ‘‘SECTION 2. The parental right to direct education 5 includes the right to choose, as an alternative to public 6 education, private, religious, or home schools, and the 7 right to make reasonable choices within public schools for 8 one’s child. 9 ‘‘SECTION 3. Neither the United States nor any State 10 shall infringe these rights without demonstrating that its 11 governmental interest as applied to the person is of the 12 highest order and not otherwise served. 13 ‘‘SECTION 4. The parental rights guaranteed by this 14 article shall not be denied or abridged on account of dis- 15 ability.’’. 16 Æ VerDate Sep 11 2014 23:44 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\HJ38.IH HJ38 pbinns on DSKJLVW7X2PROD with $$_JOB

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