January 23, 2025
Mr. Scott of South Carolina (for himself, Mr. Lankford, Mr. Cramer, and Mr. Barrasso) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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
Troxel, 530 U.S. at 72–73 (plurality op.).better
decision could be made.
(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 by striking the Religious Freedom Restoration Act of 1993
and inserting any adjudication under the Religious Freedom Restoration Act of 1993 or the Families’ Rights and Responsibilities Act
.
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.