Parental Rights Amendment to the United States Constitution

The Parental Rights Amendment to the United States Constitution is a proposed change to the United States Constitution. The amendment's advocates say that it will allow parents' rights to direct the upbringing of their children, protected from federal interference and the United Nations Convention on the Rights of the Child. The Amendment was first proposed during the 110th Congress as House Joint Resolution 97 in July 2008, but no action was taken during that Congress. The Amendment has been described as a "wedge issue" and part of the culture wars.

The current language (as proposed in S.J.Res.36) is as follows:

SECTION 1
The liberty of parents to direct the upbringing, education, and care of their children is a fundamental right.

SECTION 2
The parental right to direct education includes the right to choose, as an alternative to public education, private, religious, or home schools, and the right to make reasonable choices within public schools for one's child.

SECTION 3
Neither the United States nor any State shall infringe these rights without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

SECTION 4
The parental rights guaranteed by this article shall not be denied or abridged on account of disability.

SECTION 5
This article shall not be construed to apply to a parental action or decision that would end life.

SECTION 6
No treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this article.

The Parental Rights Amendment was proposed by Rep. Pete Hoekstra (R-MI) as H.J. Res. 97 on June 26, 2008, but had no additional sponsors. On July 28, 2008, it was referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

The Parental Rights Amendment was proposed by Rep. Pete Hoekstra (R-MI) on March 31, 2009, and numbered H.J.Res.42. On April 27, 2009, it was referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. It garnered 141 cosponsors.

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