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3/22/2013 4:18:13 PM
Mike Smith--HSLDA
Nevada: Parental Rights Bill Introduced in the Legislature

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From the HSLDA E-lert Service...
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Nevada: Parental Rights Bill Introduced in the Legislature

Senate Bill 314 summary: Provides that the right of parents to make
choices regarding the upbringing, education and care of their children
is a fundamental right. (BDR 11-880)

Sponsor: Senator Denis

Exciting news! Senate Bill 314 (SB 314), a fundamental parental rights
bill, was introduced in the 2013 Nevada Legislative session on Monday,
March 18. NHN, HSLDA and ParentalRights.org have all endorsed this
bill and are partnering together to encourage its passage.

SB 314 http://www.hslda.org/elink.asp?id=17735 mirrors current law in
many states, is intended for the courts, and defines the liberty of
parents to direct the upbringing, education and care of the child as a
fundamental right. It requires all statutes, local ordinance or
regulation to honor that right unless there is a compelling
governmental interest not to. This law would pertain to all Nevada
laws; any exceptions would need to specifically reference this law.
The bill has been assigned to the Committee on Judiciary with no
hearing date yet.

Nevada Supreme Court decisions so far have been supportive of a
parents' fundamental right to raise their children. However, it is far
better to rely on statutes for protection of this right than future
court decisions which can change over time. To better explain the need
for this law in Nevada, Frank Schnorbus, NHN chairman, has written an
excellent pamphlet entitled, "The Right of Parents to Raise Their
Child" http://www.hslda.org/elink.asp?id=17744 that we encourage you
to read.

ACTION REQUESTED

SB 314 has not yet been scheduled for a hearing, so at this time we
simply request that you go online to the Nevada Legislative Opinion
http://www.hslda.org/elink.asp?id=17736 page and vote "FOR" the bill.
You may also leave written comments on the bill. Comments can be as
simple as: "The liberty of parents to direct the upbringing, education
and care of their child is a fundamental right and should be protected
in Nevada statutes."

You do not need to identify yourself as a homeschooler as this bill
will protect all Nevada parents from government intrusion upon the
family. You will need to give your name and a physical address on the
opinion page, but this information will not be published. When the
bill is scheduled for a hearing we will send another e-lert to contact
committee members.

BACKGROUND

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,
showing there is no other way for the government to meet the very high
standard.

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.

Thank you for standing with us for freedom!
Sincerely,

Mike Smith
HSLDA President

Other Resources:

Bill Text http://www.hslda.org/elink.asp?id=17735

Schnorbus, Frank, "The Right of Parents to Raise Their Children,"
http://www.hslda.org/elink.asp?id=17744 January, 2013

P.S. We greatly value you and your support--it is a privilege to serve
you. Thank you for all you do for freedom! If you or someone you know
is not a member of HSLDA, will you consider taking a moment today to
join or recommend us? Your support for our work enables us to defend
individual families threatened by government officials and protect
homeschooling freedom for all. Join now >>
http://www.hslda.org/elink.asp?id=17737

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-> How many news articles did you read this morning over your
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right time can make a big difference in the outcome of important
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take quick, decisive action. Please consider becoming a part of
this team.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1923

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