April 24, 2008

House Joint Resolution NN: Parental Rights Amendment

Reps. Stahl, Sheen, Steil, Moore, Gaffney, Hune, Sheltrown, Rick Jones, Elsenheimer, Hoogendyk, Stakoe, Pearce, Garfield, Brandenburg, LaJoy, David Law, Knollenberg, Casperson, Meekhof, Meltzer, Nitz, Agema, Acciavatti, Palmer, Marleau, Rocca, Accavitti, Booher, Opsommer, Caul, Young, Farrah, Green, Hildenbrand, Ward, DeRoche, Mayes, Dean, Calley, Moolenaar, Spade, Schuitmaker, Caswell, Robertson, Pavlov, LeBlanc, Kathleen Law, Hansen, Huizenga, Amos, Emmons, Palsrok, Walker, Espinoza, Gonzales, Wenke, Polidori, Scott, Brown, Leland, McDowell, Wojno, Hammon, Shaffer, Hopgood, Lahti, Coulouris, Jackson, Pastor, Nofs, Horn, Proos, Angerer, Johnson, Lemmons, Ball, Cushingberry, Constan, Clemente and Moss

This resolution proposes to add to the Michigan Constitution an amendment recognizing parental rights.

1/23/2008(House) Introduced, read, referred to Committee on Judiciary

HSLDA’s Position:
HSLDA supports this bill.

Action Requested:
None requested at this time.

Parental rights are under siege. Parents, in many ways, are becoming “second class citizens” as lower courts elevate the power of the state to supersede the wisdom of parents. Parental choice is in jeopardy. Freedom is at stake. The basic fundamental freedom of parents to raise their children hangs in the balance.

Although the U.S. Supreme Court clearly recognizes parents’ rights as fundamental and thus protected by a higher standard of review, many lower courts over the last 25 years have eroded this traditional view of parental rights. A parental rights act will reaffirm parents’ rights, including the fundamental rights to make medical decisions, discipline, and direct the education and religious training of their children.

Furthermore, a parental rights act will mandate that courts apply the “compelling interest test” (i.e. “strict scrutiny standard”), requiring the state to prove that its regulation and infringement of parental rights is essential and the least restrictive means of fulfilling the state’s compelling interest.

For more information on parental rights legislation, see our memorandum, “Why Do We Need Parental Rights Legislation?”

 Other Resources

Bill Text (requires Adobe Acrobat Reader)

Bill History