| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 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... ====================================================================== 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 ---------------------------------------------------------------------- -> How many news articles did you read this morning over your oatmeal? We live in a world where concise information presented at the right time can make a big difference in the outcome of important legislative efforts. Yet it's tough to keep up with all the issues that affect you. HSLDA does this for you in the areas that affect your homeschool. Our emails and website enable you to take quick, decisive action. Please consider becoming a part of this team. 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Thank you for your cooperation. ====================================================================== | |
