[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3571 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3571
To protect the right of parents to direct the upbringing of their
children as a fundamental right.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 10, 2024
Mr. Scott of South Carolina (for himself, Mr. Lankford, Mr. Cramer, Mr.
Barrasso, Mr. Ricketts, Mr. Kennedy, and Mr. Rubio) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To protect the right of parents to direct the upbringing of their
children as a fundamental right.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families' Rights and
Responsibilities Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings.--Congress finds the following:
(1) The nature of the parent-child relationship endows
parents with the primary responsibility and obligation to care
for their child.
(2) From these responsibilities and obligations comes the
pre-political, natural right of parents to care for their
children.
(3) The role of parents in the raising and rearing of their
children is of inestimable value and deserving of both praise
and protection by all levels of government.
(4) This right as recognized in the traditions of western
civilization recognizes that parents have the responsibility to
love, nurture, raise, and protect their children.
(5) The right encompasses the authority of parents to
direct the upbringing, education, and health care of their
children according to the dictates of their conscience, to
direct the upbringing, education, and health care of their
children in their own beliefs and religion, and to be the
primary decision maker for their child until the child reaches
adulthood.
(6) The Supreme Court has consistently recognized the
primary role of parents in caring for children, concluding the
following:
(A) ``[T]he child is not the mere creature of the
state; those who nurture him and direct his destiny
have the right, coupled with the high duty, to
recognize and prepare him for additional obligations.''
Pierce v. Soc'y of the Sisters of the Holy Names of
Jesus & Mary, 268 U.S. 510, 535 (1925).
(B) ``[I]t is the natural duty of the parent to
give his children education suitable to their station
in life.'' Meyer v. Nebraska, 262 U.S. 390, 400 (1923).
(C) ``It is plain that the interest of a parent in
the companionship, care, custody, and management of his
or her children comes to this Court with a momentum for
respect lacking when appeal is made to liberties which
derive merely from shifting economic arrangements.''
Stanley v. Illinois, 405 U.S. 645, 651 (1972).
(D) ``The history and culture of Western
civilization reflect a strong tradition of parental
concern for the nurture and upbringing of their
children. This primary role of the parents in the
upbringing of their children is now established beyond
debate as an enduring American tradition.'' Wisconsin
v. Yoder, 406 U.S. 205, 232 (1972).
(E) ``Our jurisprudence historically has reflected
Western civilization concepts of the family as a unit
with broad parental authority over minor children. Our
cases have consistently followed that course.'' Parham
v. J. R., 442 U.S. 584, 602 (1979).
(F) ``We have recognized on numerous occasions that
the relationship between parent and child is
constitutionally protected.'' Quilloin v. Walcott, 434
U.S. 246, 255 (1978).
(G) The Supreme Court has explained that the
liberty specially protected by the Due Process Clause
includes the right ``to direct the education and
upbringing of one's children.'' Washington v.
Glucksberg, 521 U.S. 702, 720 (1997).
(H) ``[W]e have recognized the fundamental right of
parents to make decisions concerning the care, custody,
and control of their children . . . In light of this
extensive precedent, it cannot now be doubted that the
Due Process Clause of the Fourteenth Amendment protects
the fundamental right of parents to make decisions
concerning the care, custody, and control of their
children.'' Troxel v. Granville, 530 U.S. 57, 66 (2000)
(plurality op.).
(I) ``[T]he Due Process Clause does not permit a
State to infringe on the fundamental right of parents
to make child rearing decisions simply because a state
judge believes a `better' decision could be made.''
Troxel, 530 U.S. at 72-73 (plurality op.).
(7) Some decisions of Federal courts have failed to
recognize the fundamental right of parents, resulting in an
improper standard of judicial review being applied to
government conduct that adversely affects parental rights and
prerogatives.
(8) Government agencies have increasingly intruded into the
legitimate decisions and prerogatives of parents in situations
that do not involve abuse or neglect but simply an agency's
disagreement with parenting choices based on decent and
honorable religious or philosophical premises.
(9) Government's involvement in parenting should prioritize
the parent's role as the child's primary educator and should
support, not supplant, the parent's rights and
responsibilities.
(10) Government should not interfere in the decisions and
actions of parents without compelling justification.
(11) The strict scrutiny test used by courts to evaluate
cases concerning fundamental rights is the correct standard of
review for government actions that interfere with the right of
parents to direct the upbringing, education, and health care of
their children, and it appropriately balances the interests of
parents, children, and government.
(b) Purposes.--The purposes of this Act are--
(1) to protect the right of parents to direct the
upbringing of their children as a fundamental right; and
(2) while protecting the right of parents, to acknowledge
that the rights involve responsibilities and specifically that
parents have the responsibility for the education, nurture, and
upbringing of their children as specified by the Supreme Court
in Meyer v. Nebraska, 262 U.S. 390, 400 (1923), Wisconsin v.
Yoder, 406 U.S. 205, 232 (1972), and Washington v. Glucksberg,
521 U.S. 702, 720 (1997), and have the high duty to recognize
and prepare their children for additional obligations as
specified by the Supreme Court in Pierce v. Soc'y of the
Sisters of the Holy Names of Jesus & Mary, 268 U.S. 510, 535
(1925).
SEC. 3. DEFINITIONS.
In this Act:
(1) Government.--The term ``government'' includes a branch,
department, agency, instrumentality, and official (or other
person acting under color of law) of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and each
territory and possession of the United States.
(2) Parent.--The term ``parent'' means a biological parent
of a child, an adoptive parent of a child, or an individual who
has been granted exclusive right and authority over the welfare
of a child under State law.
(3) Child.--The term ``child'' means an individual who has
not attained 18 years of age.
(4) Substantial burden.--The term ``substantial burden''--
(A) means any action that directly or indirectly
constrains, inhibits, curtails, or denies the right of
parents to direct the upbringing, education, and health
care of their child or compels any action contrary to
the right of parents to direct the upbringing,
education, and health care of their child; and
(B) includes withholding benefits, assessing
criminal, civil, or administrative penalties or
damages, or exclusion from governmental programs.
SEC. 4. PROTECTION OF PARENTAL RIGHTS.
(a) In General.--
(1) Fundamental right.--The liberty of parents to direct
the upbringing, education, and health care of their children is
a fundamental right.
(2) Limits on government interference.--Government shall
not substantially burden the fundamental right of parents to
direct the upbringing, education, and health care of their
children without demonstrating that the infringement is
required by a compelling governmental interest of the highest
order as applied to the parent and the child and is the least
restrictive means of furthering that compelling governmental
interest. The fundamental rights protected include, without
limitation, the following rights and responsibilities:
(A) To direct the education of the child.
(B) To direct the moral or religious upbringing of
the child.
(C) To access and review all medical records of the
child and to make and consent to all physical and
mental health care decisions for the child.
(3) Effect of this act on other rights.--Unless legally
waived or legally terminated, parents have inalienable rights
that are more comprehensive than those listed in this section.
This Act does not prescribe all rights of parents, nor does it
preempt or foreclose claims or remedies in support of parental
rights that are available under any other Federal law, State
law, the United States Constitution, or a State constitution.
(b) Exceptions.--This section does not apply to a parental action
or decision that would result in serious physical injury to the child
or that would end life.
(c) Judicial Remedy.--Any parent may raise a violation of this Act
as a claim or a defense in an action in a Federal or State court or
before an administrative tribunal and obtain appropriate relief against
a government. Standing to assert a claim or defense under this section
shall be governed by the general rules of standing under article III of
the Constitution.
SEC. 5. ATTORNEYS FEES.
(a) Judicial Proceedings.--Section 722(b) of the Revised Statutes
(42 U.S.C. 1988(b)) is amended by inserting ``the Families' Rights and
Responsibilities Act,'' before ``title VI of the Civil Rights Act of
1964''.
(b) Administrative Proceedings.--Section 504(b)(1)(C) of title 5,
United States Code, is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the semicolon at the end of clause (iv) and
inserting ``, and''; and
(3) by inserting ``(v) the Families' Rights and
Responsibilities Act;'' after clause (iv).
SEC. 6. APPLICABILITY.
(a) In General.--This Act applies to each Federal law, and the
implementation of any such law, whether statutory or otherwise, and
whether adopted before or after the date of enactment of this Act.
(b) Rule of Construction.--
(1) Additional rights.--The protections of the fundamental
right of parents to direct the upbringing, education, and
health care of their children afforded by this Act are in
addition to the protections provided under Federal law, State
law, and the State and Federal constitutions.
(2) Broad protection.--This Act shall be construed in favor
of a broad protection of the fundamental right of parents to
direct the upbringing, education, and health care of their
children.
(3) No government burden.--Nothing in this Act shall be
construed to authorize any government to burden the fundamental
right of parents to direct the upbringing, education, and
health care of their children.
(4) Subsequently enacted laws.--Federal statutory law
adopted after the date of the enactment of this Act is subject
to this Act, unless such law explicitly excludes such
application by reference to this Act.
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