Parental Rights US Constitutional Amendment

This has been kicked around since 2008. Some say it's redundant and that parental rights are already covered by the other amendments. However, the wording of this amendment is very specific and leaves little room for interpretation whereas the other amendments can be debated. Considering what is going on in the country with parents rights being taken away in public schools and by the government, perhaps it's time to take another look at the Parental Rights US Constitutional Amendment.

Side note - if I'm reading this correctly, apparently the United National doesn't like it. That alone means it's a good thing.

Parental Rights Amendment to the United States Constitution

The current language (as proposed in H.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

American Bar Org - 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 - cases listed at site
Right to make decisions about children - cases listed at site

The Constitution and Your Child

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.”

I can see this being used as a parental right to chop off the gender parts a child was born with.

With how some state functions have made it policy to lie to the parents about matters of the child is a bad sign. If the state cannot even get the 10 commandments right and bear false witness, how many other of these fundamental laws have been broken?

Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent.

Those making laws backing school policies of not telling parents what the schools are doing with their allegedly TRANS children are violating this act - IMHO

Congress.GOV Summary of the Parental Rights and Responsibilities Act of 1995

Congress.Gov PDF of the S984 Bill

a reply to: nugget1

That, and child marriages. Lots of room for all kinds of child exploitation there too.

a reply to: FlyersFan

I support parental rights with one exception. If the parents need government assistance because they cannot afford their children, then I think how those kids are being raised is the governments business.

a reply to: FlyersFan

Double

a reply to: tamusan

Yep, exactly!
With all the games played with currency, property values, wages and excess taxation, that makes perfect sense.
not

originally posted by: nugget1
I can see this being used as a parental right to chop off the gender parts a child was born with.

I'm not so sure of that. Although you could be right. The world is a crazy place.