Bill Text: GA HR738 | 2011-2012 | Regular Session | Introduced

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Bill Title: United States Congress; propose Parental Rights Amendment; urge

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-03-21 - House Committee Favorably Reported [HR738 Detail]

Download: Georgia-2011-HR738-Introduced.html

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11 LC 35 2236ER

House Resolution 738

By: Representatives Neal of the 1st, Weldon of the 3rd, Williams of the 4th, and Jasperse of the 12th

A RESOLUTION

Urging the members of the United States Congress to take necessary action to propose the Parental Rights Amendment to the United States Constitution for ratification; and for other purposes.

WHEREAS, the right of parents to direct the upbringing and education of their children is a fundamental right protected by the Constitutions of the United States and the State of Georgia; and

WHEREAS, our nation has historically relied first and foremost on parents to meet the real and constant needs of their children; and

WHEREAS, the interests of children are best served when parents are free to make child rearing decisions about education, religion, and other areas of a child's life without government interference; and

WHEREAS, in 1972, the United States Supreme Court in Wisconsin v. Yoder held that "This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition"; and

WHEREAS, in 2000, the United States Supreme Court in Troxel v. Granville produced six different opinions on the nature and enforceability of parental rights under the United States Constitution; and

WHEREAS, this more recent decision has created confusion and ambiguity about the fundamental nature of parental rights in the laws and society of the several states; and

WHEREAS, the United Nations Convention on the Rights of the Child has been proposed and may soon be considered for ratification by the United States Senate, which would drastically alter this fundamental right of parents to direct the upbringing of their children; and

WHEREAS, this convention has been acceded to by 192 nations world wide and has been cited by United States courts as "customary international law"; and

WHEREAS, international influence is being exerted on the United States Supreme Court, as demonstrated by the 2005 decision of Roper v. Simmons, where "the Court has referred to the laws of other countries and to the international authorities as instructive for its interpretation" of the United States Constitution; and

WHEREAS, Senator James DeMint of the State of South Carolina and Representative Peter Hoekstra of the State of Michigan have introduced in the United States Congress an amendment to the United States Constitution to prevent erosion of the enduring American tradition of treating parental rights as fundamental rights. The amendment is outlined as follows:

SECTION ONE: The liberty of parents to direct the upbringing and education of their children is a fundamental right.

SECTION TWO: Neither the United States nor any State shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

SECTION THREE: No treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this article; and

WHEREAS, this amendment will add explicit text to the Constitution of the United States to protect in perpetuity the rights of parents as such rights are now enjoyed, without substantive change to current state or federal laws respecting these rights; and

WHEREAS, the enumeration of parental rights in the text of the Constitution will preserve and protect such rights from being infringed upon by the shifting ideologies and interpretations of the United States Supreme Court and by treaties or international laws.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body affirm and support the Parental Rights Amendment to the United States Constitution and strongly urge Congress to immediately take all such steps as may be necessary through whatever means necessary to ensure that this proposed constitutional amendment be presented to the states for ratification.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to President Barack Obama, Vice President Joe Biden, Speaker of the United States House of Representatives John Boehner, and all of the members of the Georgia Congressional delegation.