Parental Rights Amendment to the United States Constitution
Encyclopedia
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 war
s.
(R-MI). The Amendment was introduced in the Senate on May 14, 2009 as Senate Joint Resolution 16. The lead Senate sponsor is Sen. Jim DeMint
(R-SC). The language is as follows:
(R-MI) as H.J. Res. 97 on June 26, 2008. It was referred to the House Judiciary Committee, and no further action was taken.
(R-MI) on March 31, 2009, and numbered H.J. Res. 42. It was also introduced by Sen. Jim DeMint
(R-SC) on May 14, 2009, and numbered S.J. Res. 16. The House resolution has garnered 142 sponsors (as of Oct. 28, 2010) and the Senate resolution has 7. S.J. Res. 13, introduced by Sen. David Vitter
on March 3, 2009, proposed the same amendment text, but had no additional sponsors. Each chamber referred its resolution(s) to its respective judiciary committee, and no further action was taken.
, chairman of the subcommittee, was a proponent of the proposal in the last Congress.
, Concerned Women for America
, Focus on the Family
, Liberty Counsel
, and the Traditional Values Coalition
. Proponents of the amendment at ParentalRights.org contend that it will preserve the rights of children, arguing that the question is not one of child rights versus parents' rights, but whether parents, or the government can best decide what is in a child's best interest. They contend that Section Two of their proposal will preserve the authority of the State to intercede for children who are abused or neglected, just as it exists today.
Rep. Hoekstra has cited Antonin Scalia
's dissenting opinion in Troxel v. Granville
, where he argued that the Constitution did not confer upon judges the power to recognize parental rights not explicitly enumerated, as a motivation for the Amendment.
of the Constitution incorporates treaties ratified by the Senate into U.S. law, requiring state and federal judges to uphold treaty obligations. Constitutional lawyer Michael Farris, author and chief proponent of the Amendment, expresses concern that ratifying the convention would disrupt state-level family law and shift power from the State to the federal government, leading to interference in the parent-child relationship.
Farris and allied organizations also cite the theory of customary international law
as a threat, claiming that elements of the Convention might become binding on the United States even without ratification.
argues that the proposal contains "numerous 'poison pills' that would prevent it from being supported by mainstream civil libertarians," saying that its language is overbroad and would enable abuse and neglect by parents. He describes the amendment as unserious, meant more as a "rallying point" for "ultra-conservative legislators" than as a genuine amendment to the Constitution.
Sen. Tim Johnson
(D-SD) says that the amendment was crafted in response to the U.N.'s Convention on the Rights of the Child, but that the Convention is not a real threat to parental rights; therefore, an amendment is not necessary. Mary Landrieu
(D-LA) points out that the Convention has not been ratified, and asserts that even if it is ratified, it will not infringe upon existing laws.
and abuse
. Kaseman also holds that parental rights exist separately from federal law, and expresses concern that a constitutional amendment would federalize family law, granting the government the power to give, define, limit, regulate, and take away parental rights. He argues that the Ninth Amendment
to the United States Constitution already protects parental rights.
Deborah Stevenson of National Home Education Legal Defense (NHELD) argues, citing the Tenth Amendment
, that parental rights fall within state jurisdiction and that the issue should be resolved at the state level.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. 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
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
. 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
Wedge issue
A wedge issue is a social or political issue, often of a divisive or otherwise controversial nature, which splits apart or creates a "wedge" in the support base of one political group...
" and part of the culture war
Culture war
The culture war in American usage is a metaphor used to claim that political conflict is based on sets of conflicting cultural values. The term frequently implies a conflict between those values considered traditionalist or conservative and those considered progressive or liberal...
s.
The amendment
The proposed Parental Rights Amendment was introduced in the 111th Congress as House Joint Resolution 42 on March 31, 2009. The lead sponsor is Rep. Pete HoekstraPete Hoekstra
Peter "Pete" Hoekstra is a former Republican U.S. Representative for who served in the House from 1993 until 2011. He was an unsuccessful candidate for Governor of Michigan in 2010 and is expected to run for the United States Senate against Debbie Stabenow in 2012.-Early life and education:Born...
(R-MI). The Amendment was introduced in the Senate on May 14, 2009 as Senate Joint Resolution 16. The lead Senate sponsor is Sen. Jim DeMint
Jim DeMint
James Warren "Jim" DeMint is the junior U.S. Senator from South Carolina, serving since 2005. He is a member of the Republican Party and a leader in the Tea Party movement. He previously served as the U.S. Representative for from 1999 to 2005.-Early life and education:DeMint was born in...
(R-SC). The language is as follows:
SECTION 1
The liberty of parents to direct the upbringing and education of their children is a fundamental right.
SECTION 2
Neither the United States nor any State shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.
SECTION 3
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 110th Congress (2007-2008)
The Parental Rights Amendment was proposed by Rep. Pete HoekstraPete Hoekstra
Peter "Pete" Hoekstra is a former Republican U.S. Representative for who served in the House from 1993 until 2011. He was an unsuccessful candidate for Governor of Michigan in 2010 and is expected to run for the United States Senate against Debbie Stabenow in 2012.-Early life and education:Born...
(R-MI) as H.J. Res. 97 on June 26, 2008. It was referred to the House Judiciary Committee, and no further action was taken.
The 111th Congress (2009-2010)
The Parental Rights Amendment was proposed by Rep. Pete HoekstraPete Hoekstra
Peter "Pete" Hoekstra is a former Republican U.S. Representative for who served in the House from 1993 until 2011. He was an unsuccessful candidate for Governor of Michigan in 2010 and is expected to run for the United States Senate against Debbie Stabenow in 2012.-Early life and education:Born...
(R-MI) on March 31, 2009, and numbered H.J. Res. 42. It was also introduced by Sen. Jim DeMint
Jim DeMint
James Warren "Jim" DeMint is the junior U.S. Senator from South Carolina, serving since 2005. He is a member of the Republican Party and a leader in the Tea Party movement. He previously served as the U.S. Representative for from 1999 to 2005.-Early life and education:DeMint was born in...
(R-SC) on May 14, 2009, and numbered S.J. Res. 16. The House resolution has garnered 142 sponsors (as of Oct. 28, 2010) and the Senate resolution has 7. S.J. Res. 13, introduced by Sen. David Vitter
David Vitter
David Vitter is the junior United States Senator from Louisiana and a member of the Republican Party. Previously, he served in the United States House of Representatives, representing the suburban Louisiana's 1st congressional district. He served as a member of the Louisiana House of...
on March 3, 2009, proposed the same amendment text, but had no additional sponsors. Each chamber referred its resolution(s) to its respective judiciary committee, and no further action was taken.
The 112th Congress (2011-2012)
The Parental Rights Amendment was proposed by Rep. John Fleming (R-LA) on January 3, 2011, and numbered H.J. Res. 3. It currently has 17 cosponsors (May 26, 2011). It was assigned to the Constitution subcommittee of the House Judiciary Committee. Rep. Trent FranksTrent Franks
Trent Franks is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.The district takes in the entire northwestern corner of the state, including Kingman and Lake Havasu City, but most of its vote is cast in the western Phoenix suburbs.-Early life, education and...
, chairman of the subcommittee, was a proponent of the proposal in the last Congress.
State Legislatures (2010 to present)
In 2010 the legislatures of Louisiana and South Dakota adopted resolutions calling on the U.S. Congress to propose the Parental Rights Amendment to the States for ratification. In 2011, the legislatures in Idaho, Montana, and Florida passed similar resolutions.Support
Support for the amendment is found at organizations such as the American Family AssociationAmerican Family Association
The American Family Association is a 501 non-profit organization that promotes conservative Christian values, such as opposition to same-sex marriage, pornography, and abortion, as well as other public policy goals such as deregulation of the oil industry and lobbying against the Employee Free...
, Concerned Women for America
Concerned Women for America
Concerned Women for America is a conservative Christian public policy group active in the United States best known for its stance against abortion...
, Focus on the Family
Focus on the Family
Focus on the Family is an American evangelical Christian tax-exempt non-profit organization founded in 1977 by psychologist James Dobson, and is based in Colorado Springs, Colorado. Focus on the Family is one of a number of evangelical parachurch organizations that rose to prominence in the 1980s...
, Liberty Counsel
Liberty Counsel
Liberty Counsel is a non-profit public interest law firm and ministry that provides free legal assistance in defense of "Christian religious liberty, the sanctity of human life, and the traditional family." Liberty Counsel is headed by attorney Mathew D. Staver, who founded the legal ministry with...
, and the Traditional Values Coalition
Traditional Values Coalition
The Traditional Values Coalition is a conservative Christian organization that represents, by its estimate, over 43,000 Christian churches throughout the United States of America...
. Proponents of the amendment at ParentalRights.org contend that it will preserve the rights of children, arguing that the question is not one of child rights versus parents' rights, but whether parents, or the government can best decide what is in a child's best interest. They contend that Section Two of their proposal will preserve the authority of the State to intercede for children who are abused or neglected, just as it exists today.
Rep. Hoekstra has cited Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
's dissenting opinion in Troxel v. Granville
Troxel v. Granville
Troxel v. Granville, 530 U.S. 57 , was a case in which the Supreme Court of the United States, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental...
, where he argued that the Constitution did not confer upon judges the power to recognize parental rights not explicitly enumerated, as a motivation for the Amendment.
Convention on the Rights of the Child
Proponents of the amendment often cite concern over possible U.S. ratification of the United Nations' Convention on the Rights of the Child. Article Six, Section TwoSupremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
of the Constitution incorporates treaties ratified by the Senate into U.S. law, requiring state and federal judges to uphold treaty obligations. Constitutional lawyer Michael Farris, author and chief proponent of the Amendment, expresses concern that ratifying the convention would disrupt state-level family law and shift power from the State to the federal government, leading to interference in the parent-child relationship.
Farris and allied organizations also cite the theory of customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
as a threat, claiming that elements of the Convention might become binding on the United States even without ratification.
Opposition
Tom Head of About.comAbout.com
About.com is an online source for original information and advice. It is written in English, and is aimed primarily at North Americans. It is owned by The New York Times Company....
argues that the proposal contains "numerous 'poison pills' that would prevent it from being supported by mainstream civil libertarians," saying that its language is overbroad and would enable abuse and neglect by parents. He describes the amendment as unserious, meant more as a "rallying point" for "ultra-conservative legislators" than as a genuine amendment to the Constitution.
Sen. Tim Johnson
Tim Johnson
Timothy Peter "Tim" Johnson is the senior U.S. Senator from South Dakota, serving since 1997. He is a member of the Democratic Party. He previously served as the U.S...
(D-SD) says that the amendment was crafted in response to the U.N.'s Convention on the Rights of the Child, but that the Convention is not a real threat to parental rights; therefore, an amendment is not necessary. Mary Landrieu
Mary Landrieu
Mary Loretta Landrieu is the senior United States Senator from the State of Louisiana and a member of the Democratic Party.Born in Arlington, Virginia, Landrieu was raised in New Orleans, Louisiana...
(D-LA) points out that the Convention has not been ratified, and asserts that even if it is ratified, it will not infringe upon existing laws.
Opposition from homeschooling advocates
Larry Kaseman of Home Education magazine argues that the Amendment's focus on rights rather than responsibilities will empower parents to treat their children like property and shelter unfit parents from punishment for neglectNeglect
Neglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
and abuse
Abuse
Abuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...
. Kaseman also holds that parental rights exist separately from federal law, and expresses concern that a constitutional amendment would federalize family law, granting the government the power to give, define, limit, regulate, and take away parental rights. He argues that the Ninth Amendment
Ninth Amendment to the United States Constitution
The Ninth Amendment to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution.-Text:-Adoption:When the U.S...
to the United States Constitution already protects parental rights.
Deborah Stevenson of National Home Education Legal Defense (NHELD) argues, citing the Tenth Amendment
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
, that parental rights fall within state jurisdiction and that the issue should be resolved at the state level.
External links
- H.J. Res 97. Proposes the Parental Rights Amendment.
- Child Rights Campaign
- ParentalRights.org
- Parentsrights.us. Maintained by lead sponsor of H.J. Res 42, Rep. Pete Hoekstra.