Proposing an amendment to the Constitution of the United States relating to parental rights.
- Sponsor
- Rep. Miller, Mary E. [R-IL-15]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 19, 2025
Bottom line
This joint resolution seeks to enshrine parental rights over children's upbringing, education, and care into the U.S. Constitution, potentially altering the balance of power between parents, states, and the federal government by imposing a high legal bar for government intervention.
What it actually does
This joint resolution proposes an amendment to the U.S. Constitution to establish the liberty of parents to direct the upbringing, education, and care of their children as a fundamental right. It explicitly includes the right to choose private, religious, or home schools, and to make reasonable choices within public schools. It also mandates a strict scrutiny standard for any governmental infringement on these rights and prohibits denial or abridgment on account of disability.
Proponents argue
Supporters argue that this amendment is crucial for protecting parental autonomy against perceived government overreach, ensuring parents have the primary role in raising their children and making educational choices. They contend it safeguards families from state interference in matters of values, health, and education, particularly in response to recent controversies in public schools.
Opponents contend
Opponents may argue that while parental rights are important, elevating them to a fundamental constitutional right with a strict scrutiny standard could undermine public education, create significant legal challenges for child protection services, or grant parents excessive power that could conflict with a child's best interests or broader societal norms, potentially leading to discrimination or neglect under the guise of parental rights.
The bill text is extremely short and easy to read, but its implications are vast and require significant consideration beyond a quick review.
Article --, Section 1
Recognition of Fundamental Parental Right
This section declares that parents have a fundamental right to direct how their children are raised, educated, and cared for. This would elevate parental authority to a constitutional level, making it a protected liberty that governments cannot easily infringe upon.
Supporters argue
Supporters argue this provision is essential to safeguard the natural and pre-political rights of parents to guide their children's development without undue government interference, ensuring family autonomy and protecting against overreach.
Critics contend
Critics might contend that while parental rights are important, elevating them to a fundamental constitutional right with strict scrutiny could make it exceedingly difficult for states to protect children from harm or ensure adequate education when parental choices are deemed detrimental.
Tradeoffs
This provision balances parental autonomy and liberty against the state's interest in protecting children and ensuring public welfare, particularly in areas like education and child safety.
Article --, Section 2
Educational Choice as a Parental Right
This section clarifies that the fundamental parental right to direct education includes the ability to choose private, religious, or home schools as alternatives to public education. It also affirms parents' right to make 'reasonable choices' for their child within public schools, potentially impacting curriculum and policy.
Article --, Section 3
High Standard for Governmental Infringement
This section establishes a strict legal standard for any government (federal or state) action that infringes upon these parental rights. The government must demonstrate that its interest is 'of the highest order' and that the infringement is 'not otherwise served,' meaning it must be narrowly tailored and essential to achieve that interest.
Article --, Section 4
Protection Against Disability-Based Abridgment
This section explicitly states that the parental rights guaranteed by this article cannot be denied or limited because a parent or child has a disability. This aims to prevent discrimination against parents with disabilities or against parents of children with disabilities in exercising their rights.