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This resolution would propose an amendment to the U.S. Constitution that guarantees certain parental rights. The amendment would certify parents have a fundamental right to direct the upbringing, education, and care of their children. It would add that the parental right to direct their child’s education includes the right to choose — as an alternative to public education — public education, private, religious, or home schools and the right to make reasonable choices within public schools for one’s child.

Neither the U.S. government nor any state could infringe these rights without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served. No treaty nor any source of international law could be employed to supersede, modify, interpret, or apply the rights guaranteed by this amendment. Parental rights guaranteed by the amendment could not be denied or abridged on account of disability. This amendment could not be construed as applying to a parental action or decision that would end life.

Because it proposes a constitutional amendment, after this resolution’s passage by two-thirds of both chambers of Congress it would have to be ratified by three-fourths of the state legislatures (38 states) to amend the U.S. Constitution.

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Should a Constitutional Amendment Protect Parental Rights?