Parental Rights to Child Upbringing and Education as a Fundamental Right
A proposed amendment to the U.S. Constitution aims to establish the liberty of parents to direct the upbringing, education, and care of their children as a fundamental right. This means parents would be guaranteed the ability to choose schools (public, private, religious, home schools) and make reasonable choices within public schools for their children. Neither the federal nor state government could infringe upon these rights without demonstrating a compelling governmental interest, and these rights could not be denied due to disability.
Key points
Parents' liberty to direct child upbringing, education, and care becomes a fundamental right.
Parents gain a constitutional right to choose schools (public, private, religious, home) and make choices within public schools.
Federal and state governments cannot infringe these rights without demonstrating a highest order governmental interest.
Parental rights cannot be denied or abridged on account of disability.
Status:
Introduced
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