Parental Rights Amendment in Texas

AUSTIN – Texas voters were poised Tuesday to amend the state constitution by adding rights for parents who find themselves at odds with the state or other governmental entities over how to raise their children, according to early election returns that show 71% in favor with nearly 75% of the state’s voting precincts reporting.

If the support for Proposition 15 holds up in the final Election Day results, Texas would become the first state to add parental rights to its founding document.

The new language would be added to Article 1 of the Texas Constitution, also known as the Bill of Rights. That’s the section that lays out the rights and protections for Texans, including limits on the government’s power, and the individual freedoms of speech, religion and the right to bear arms, among others.

Understanding the Amendment

The amendment is designed to enshrine parental rights in the state constitution, providing parents with greater control over their children’s upbringing and education. This move is seen as a significant step forward for parental rights in Texas, and potentially in the United States as a whole.

The amendment has been the subject of much debate, with supporters arguing that it will help to protect parents’ rights and ensure that they have a greater say in their children’s lives. Opponents, on the other hand, have raised concerns that the amendment could be used to undermine the rights of children and potentially put them at risk.

What does the amendment say?

The amendment states: “To enshrine truths that are deeply rooted in this nation’s history and traditions, the people of Texas hereby affirm that a parent has the responsibility to nurture and protect the parent’s child and the corresponding fundamental right to exercise care, custody, and control of the parent’s child, including the right to make decisions concerning the child’s upbringing.”

This language is designed to provide parents with a clear and unequivocal right to make decisions about their children’s upbringing, including their education, healthcare, and other aspects of their lives.

Would it change any state laws?

There is no indication that this will substantially change any state or federal laws, including those against child abuse or other protections, attorneys who support the bill have said, if it’s approved. Instead, it gathers up rights that have already been established over a century in state and U.S. Supreme Court case law, the bill’s author said.

The amendment is designed to provide a clear and comprehensive statement of parental rights, rather than to create new laws or overturn existing ones. This approach is intended to provide clarity and certainty for parents, children, and government agencies, and to help to prevent conflicts and disputes.

Did any lawmakers vote against it?

Yes, but most didn’t. For an amendment to be presented to voters, it has to gain at least two-thirds support in the Legislature, so this one had bipartisan support. The amendment won unanimous support in the Senate but was opposed by two dozen Democrats in the House, many of them members of the far-left Texas Legislative Progressive Caucus who warned that laws spotlighting the rights of the parents often ignore the needs of children to be heard and protected by the government — often from their own parents.

The opposition to the amendment has been led by some Democratic lawmakers, who have raised concerns that the amendment could be used to undermine the rights of children and potentially put them at risk. However, supporters of the amendment argue that it is designed to protect the rights of parents and children, and to ensure that parents have a greater say in their children’s lives.

Is this a new issue?

No. State leaders in Republican-dominated Texas have been pushing for more laws like this for years. In 2019, Texas Attorney General Ken Paxton released a report defending parental rights against state interference at the request of a Republican House chairman. In 2023, Gov. Greg Abbott, a Republican, signed a package of legislation intended to strengthen parents’ voices in education, including giving them access to curriculum and library materials.

The issue of parental rights has been a contentious one in Texas for many years, with lawmakers and activists on both sides of the debate pushing for greater protections and freedoms for parents and children. The amendment is the latest development in this ongoing debate, and is seen as a significant step forward for parental rights in the state.

What was the first parental rights decision in the U.S.?

Notable federal cases that have contributed to parental-rights precedents go as far back as 1923, when the U.S. Supreme Court established a parent’s right to guide their children’s education “suitable to their station in life.” In 1925, a century ago, the court cemented that right with a precedent-setting opinion: “The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

The concept of parental rights has a long and complex history in the United States, with the Supreme Court playing a significant role in shaping the debate. The court’s decisions have helped to establish the principle that parents have a fundamental right to make decisions about their children’s upbringing, and have provided important protections for parents and children alike.

What has happened since then?

Several additional cases. In 1972, Wisconsin vs. Yoder established the right to raise your child in the religion of your choosing. In the early ‘80s, the court required a higher burden of proof to terminate parental rights. In the 2000 decision Troxel vs. Granville, the court connected parental rights to the 14th Amendment protections of privacy.

In 1979, the court’s majority opinion summed up its position this way: “The statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition.”

The Supreme Court has continued to play an important role in shaping the debate over parental rights, with a series of decisions that have helped to establish and protect the rights of parents and children. The court’s opinions have provided important guidance for lawmakers, judges, and other stakeholders, and have helped to ensure that the rights of parents and children are protected and respected.

Conclusion

The parental rights amendment in Texas is a significant development in the ongoing debate over the rights of parents and children. The amendment is designed to provide parents with greater control over their children’s upbringing and education, and to ensure that they have a greater say in their children’s lives. While the amendment has been the subject of much debate, it is seen as a significant step forward for parental rights in Texas, and potentially in the United States as a whole.

As the debate over parental rights continues, it is likely that we will see further developments and challenges in the years to come. However, for now, the amendment represents an important milestone in the ongoing effort to protect and promote the rights of parents and children in Texas and beyond.

Frequently Asked Questions

Q: What is the parental rights amendment in Texas?

A: The parental rights amendment in Texas is a proposed amendment to the state constitution that would provide parents with greater control over their children’s upbringing and education.

Q: What does the amendment say?

A: The amendment states: “To enshrine truths that are deeply rooted in this nation’s history and traditions, the people of Texas hereby affirm that a parent has the responsibility to nurture and protect the parent’s child and the corresponding fundamental right to exercise care, custody, and control of the parent’s child, including the right to make decisions concerning the child’s upbringing.”

Q: Would the amendment change any state laws?

A: There is no indication that this will substantially change any state or federal laws, including those against child abuse or other protections, attorneys who support the bill have said, if it’s approved.

Q: Did any lawmakers vote against the amendment?

A: Yes, but most didn’t. For an amendment to be presented to voters, it has to gain at least two-thirds support in the Legislature, so this one had bipartisan support.

Q: Is this a new issue?

A: No. State leaders in Republican-dominated Texas have been pushing for more laws like this for years.

Q: What was the first parental rights decision in the U.S.?

A: Notable federal cases that have contributed to parental-rights precedents go as far back as 1923, when