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Protecting Parental Rights: Directing Child Upbringing, Education, and Health Care

This bill establishes the right of parents to direct their children's upbringing, education, and health care as a fundamental right. This sets a very high legal standard, making it significantly harder for federal or state governments to interfere with parental decisions. Citizens gain a powerful legal tool to challenge government agencies that disagree with their parenting choices, unless there is a risk of serious harm to the child.
Key points
The right to direct a child's upbringing, education, and health care is declared a fundamental right, protected by the highest legal standard (strict scrutiny).
Government interference (e.g., regarding religion, schooling, medical treatment) is severely limited unless a compelling governmental interest is proven using the least restrictive means.
Parents are guaranteed access to all medical records and the right to make all physical and mental health care decisions for their child.
The law does not protect parental actions or decisions that would result in serious physical injury or death to the child.
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Additional Information
Print number: 118_S_3571
Sponsor: Sen. Scott, Tim [R-SC]
Process start date: 2024-01-10