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Does the Constitution provide for parental and familial rights? The answer, according to case law, is yes. Parents have the right to care for, nurture, raise and guide their children. In the United States, the government and courts view parental rights as a part of liberty, that is, as a fundamental right that must be respected and followed to the greatest extent possible. In other words, only in extreme cases such as abuse or neglect, or imminent danger, may another authority interfere with a parent’s rights and liberty interests regarding the custody and care of their child.
This liberty interest is based on a tripod consisting of the 14th amendment to the constitution, the 5th amendment to the constitution and case law including Supreme Court rulings dating back to the past century.
The 14th Amendment to the Constitution. The standard for parental rights is based, in large part, on the 14th Amendment to the United States Constitution, which reads in part:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law…”. The Supreme Court of the United States has consistently ruled that the 14th amendment’s wording of “liberty” and “due process” combine to guarantee parents the liberty, and therefore, the right, of raising their children, and that the state and others cannot infringe on that right without affording the due process of the law.
The 5th Amendment to the Constitution. The 5th Amendment to the Constitution again guarantees an individual’s rights, stating in part that no one may be “…deprived of life, liberty, or property, without due process of law…”. Judges have long ruled that this fundamental right of liberty applies to parents having the right to raise, care for, and educate their children.
Case Law. Parents’ rights to raise their children and issues of care and custody of their children under the law is considered a fundamental part of liberty. Due process is essential for protecting that liberty. The United States Supreme Court recognized this constitutional right of parents regarding their children in 1923 with a landmark case Meyer v. Nebraska, 262 U.S. 390, 399, 401, 67 L. Ed. 1042, 43 S. Ct. 625 (1923), where it stated that parents enjoyed the “liberty”, protected by “due process”, to raise their children and to “establish a home and bring up children” and further to “control the education of their own.”
originally posted by: FlyersFan
American Bar Association - Parental Rights Cases To Know
The U.S. Supreme Court and federal court rulings highlighted below recognize parents’ constitutional rights to the care, custody, and control of their children. See Guggenheim’s chapter for analysis of these and other cases, as well as an overview of child protection laws and how they affect parental rights.
Right to raise children as parents choose - law making cases listed at site
Right to make decisions about children - law making cases listed at site
In order for parents to raise children as they choose and to make decisions about children, the schools can't subvert parental authority by calling children by new names and putting them in opposite gender sports and then not tell the parents. Parents NEED TO KNOW in order to properly raise a child and to find the child proper mental health and physical health help if needed.
originally posted by: Annee
And those perfect idealistic parents are going to accept their LGBTQ+ child with loving arms and not kick them out of the house.
Children are born into families. The family is the basic unit of society.
Parents’ rights to direct the upbringing and education of their children are fundamental rights protected by the U.S. Constitution. In fact, these rights are “pre-political.” What does that mean? Parental rights are natural rights that exist before the state. They cannot be given or taken away by a government.
Parental rights include, but are not limited to, making decisions regarding children’s education and health care in a manner consistent with their family’s values. Parents must do so to promote their children’s general health and well-being.
According to the U.S. Supreme Court, the Due Process Clause of the 14th Amendment protects parental rights. The Court has repeatedly affirmed that they are fundamental rights.
Consider the 1972 Supreme Court case Wisconsin v. Yoder. In that case, the Supreme Court upheld the right of Amish parents to educate their children at home after the eighth grade.
In his majority opinion, Chief Justice Warren Burger wrote, “The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition.” The Court affirmed what many know intuitively: the responsibility of raising children rests primary with parents.
originally posted by: FlyersFan
originally posted by: Annee
And those perfect idealistic parents are going to accept their LGBTQ+ child with loving arms and not kick them out of the house.
Nope. It's against the law for parents to kick minor aged children out of the house. They'd be arrested for neglect. The parents have a NEED TO KNOW if their child is allegedly TRANS in order to properly raise their child. When left alone the vast majority of allegedly TRANS children outgrow the notion that they are TRANS. I already posted the information. Very few actually are.
originally posted by: FlyersFan
originally posted by: Annee
And those perfect idealistic parents are going to accept their LGBTQ+ child with loving arms and not kick them out of the house.
Nope. It's against the law for parents to kick minor aged children out of the house. They'd be arrested for neglect. The parents have a NEED TO KNOW if their child is allegedly TRANS in order to properly raise their child. When left alone the vast majority of allegedly TRANS children outgrow the notion that they are TRANS. I already posted the information. Very few actually are.
originally posted by: Annee
Real life history is not on your side.
Who cares if a kid outgrows thinking they’re transgender.
It’s how they feel going through this period in their life.
Self esteem is everything.
My kid talks to me, about everything. He is not afraid to express how he feels.
Only 12–27% of children with gender dysphoria—a condition where one’s perceived gender identity differs from their biological sex—carry it into adulthood, yet many children in the U.S. are still eligible for irreversible therapies and surgeries
originally posted by: CoyoteAngels
'Foreigners' have every right to comment on ATS.
That being said, when non-Americans weigh in on American culture in a way that is not to learn, but to denigrate or point fingers, or make fun, well, I give as good as I get.
originally posted by: FlyersFan
originally posted by: Annee
Real life history is not on your side.
Yes it is. The LAW says they can't kick underage children out without getting arrested.
Post some proof that Trans minors all become homeless when telling their parents.
There are significant side effects and limited research on the long-term impacts and efficacy of various treatments used in a GACM of gender dysphoria in children. Patients and parents are advised that the use of puberty blockers in children may be associated with lower bone density, stunted growth, fertility issues, and underdevelopment of genital tissue (Mayo Clinic, 2022; St. Louis Children’s Hospital, n.d.; Brown & Stathatos, 2022). Moreover, a study conducted in England demonstrated similar negative side effects, such as lowered bone density and stunted growth, without showing a change in the psychological well-being of the children studied (Carmichael et al., 2021, p. 18; Brown & Stathatos, 2022). Cross-sex hormones prescribed to children also demonstrated a plethora of side effects, including blood clots in veins and permanent infertility (CDC, n.d.; NHS England, 2016, p. 8; Brown & Stathatos, 2022). Importantly, cross-sex hormones can result in the development of secondary sex characteristics such as the development of breasts in male-to-female patients and deepening of the voice in female-to-male patients that, though desired at the time, are irreversible (NHS England, 2020b; Brown & Stathatos, 2022). Moreover, the neurocognitive effects of pubertal suppression are unknown. International experts are in consensus about the need to assess long-term effects and have stated that: “Taken as a whole, the existing knowledge about puberty and the brain raises the possibility that suppressing sex hormone production during this period could alter neurodevelopment in complex ways—not all of which may be beneficial” (Chen et al. 2020).
But for too many girls and boys worldwide, school is where they experience violence. Bullying, harassment, verbal abuse, sexual abuse and exploitation, corporal punishment and other forms of humiliation can come at the hands of a peer, a teacher or even a school authority. Many children also experience school violence associated with gang culture, weapons and fighting.
Far from a haven for learning and community, school can be a place of bullying, sexual harassment, corporal punishment, verbal abuse and other forms of violence.
originally posted by: FlyersFan
a reply to: Annee
And yet their information is correct and well documented.