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Senate Bill 314 provides that the right of parents to make choices regarding the upbringing, education and care of their children is a fundamental right.
1. Call or email your Assemblyman/woman and ask them to vote “YES” on SB 314. There are legislators who are still undecided on this bill—let them know that SB 314 is an important bill to Nevada families and their friends.
In your own words, explain that “SB 314 is a non-partisan bill, intended for the courts, and defines the right of parents to raise their children as a fundamental right. If passed, the law will protect the parent-child bond from intrusion by the state unless there is a compelling reason for the government to do so.”
To find your representative's contact information click here.
2. Vote for SB 314, if you haven't already done so, at the Nevada Legislative Opinion page.
3. Please forward this message to your family and friends in Nevada and encourage them to register their opinion in point No. 1 as well.
05/21/2013: Bill must pass out of the Assembly by Friday, May 24th
05/17/2013: Received a "do pass as amended" vote in the Assembly
05/10/2013: Scheduled for hearing in Assembly Judiciary at 8:00am
04/23/2013: In Assembly Judiciary Committee
04/22/2013: Unanimously passed in the Senate
04/12/2013: Hearing in Senate Judiciary
04/09/2013: Hearing in Senate Judiciary
03/19/2013: Referred to the Senate Judiciary Committee
03/18/2013: Introduced in the Senate
In the event parents have to go to court to seek protection of their rights against government intrusion, courts first must decide whether the right is fundamental. If the judge decides the right is not fundamental, then the judge will allow the government to infringe on the right as long as it has a “rational” reason. But if the judge decides the right is fundamental, the government may infringe on the fundamental right only when there is a “compelling” reason to do so.
As of today, there is nothing in Nevada statutes or the state constitution enunciating that parental rights are in the category of fundamental rights. The U.S. Supreme Court has ruled that parental rights are fundamental. However, some lower courts and local government officials have resisted compliance with U.S. Supreme Court rulings on this issue. Although Nevada courts have generally been good in recognizing parental rights, it is risky to depend on future court decisions to safeguard a fundamental parental right. This is the problem SB 314 will solve; it will simply give much better protection to parental rights than currently exists in Nevada law.
Opponents of a parental rights law often incorrectly assume that it would give parents a right to abuse their children. This is incorrect. Parents don’t have a right to abuse or neglect their children under Nevada statute, and that will not change if SB 314 becomes law. Rather, this law will simply provide an additional layer of protection afforded through legislative enactment to safeguard parents and children from intrusion by the government into the decision making process within the family unit.
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