,,ii #aahth ,,congress #b;d ,session ,s4 #cega ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #aj1 #bjbd,mr4 ,scott of ,south ,carolina 7for himself1 ,mr4 ,lankford1 ,mr4 ,cramer1 ,mr4 ,barrasso1 ,mr4 ,ricketts1 ,mr4 ,kennedy1 and ,mr4 ,rubio7 introduced the following bill2 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 right4 #a4 ,short title ,this ,act may be cited as the ,families' ,rights and ,responsibilities ,act4 #b4 ,congressional findings and declaration of purposes 7a7 ,findings ,congress finds the following3 7#a7 ,the nature of the parent-child relationship endows parents with the primary responsibility and obligation to care for their child4 7#b7 ,from these responsibilities and obligations comes the pre-political1 natural right of parents to care for their children4 7#c7 ,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 government4 7#d7 ,this right as recognized in the traditions of western civilization recognizes that parents have the responsibility to love1 nurture1 raise1 and protect their children4 7#e7 ,the right encompasses the authority of parents to direct the upbringing1 education1 and health care of their children according to the dictates of their conscience1 to direct the upbringing1 education1 and health care of their children in their own beliefs and religion1 and to be the primary decision maker for their child until the child reaches adulthood4 7#f7 ,the ,supreme ,court has consistently recognized the primary role of parents in caring for children1 concluding the following3 7,a7 ,the child is not the mere creature of the state2 those who nurture him and direct his destiny have the right1 coupled with the high duty1 to recognize and prepare him for additional obligations4 ,pierce v4 ,soc'y of the ,sisters of the ,holy ,names of ,jesus ,mary1 #bfh ,u4,s4 #eaj1 #ece 7#aibe74 7,b7 ,it is the natural duty of the parent to give his children education suitable to their station in life4 ,meyer v4 ,nebraska1 #bfb ,u4,s4 #cij1 #djj 7#aibc74 7,c7 ,it is plain that the interest of a parent in the companionship1 care1 custody1 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 arrangements4 ,stanley v4 ,illinois1 #dje ,u4,s4 #fde1 #fea 7#aigb74 7,d7 ,the history and culture of ,western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children4 ,this primary role of the parents in the upbringing of their children is now established beyond debate as an enduring ,american tradition4 ,wisconsin v4 ,yoder1 #djf ,u4,s4 #bje1 #bcb 7#aigb74 7,e7 ,our jurisprudence historically has reflected ,western civilization concepts of the family as a unit with broad parental authority over minor children4 ,our cases have consistently followed that course4 ,parham v4 ,j4 ,r41 #ddb ,u4,s4 #ehd1 #fjb 7#aigi74 7,f7 ,we have recognized on numerous occasions that the relationship between parent and child is constitutionally protected4 ,quilloin v4 ,walcott1 #dcd ,u4,s4 #bdf1 #bee 7#aigh74 7,g7 ,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 children4 ,washington v4 ,glucksberg1 #eba ,u4,s4 #gjb1 #gbj 7#aiig74 7,h7 ,we have recognized the fundamental right of parents to make decisions concerning the care1 custody1 and control of their children 4 4 4 ,in light of this extensive precedent1 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 care1 custody1 and control of their children4 ,troxel v4 ,granville1 #ecj ,u4,s4 #eg1 #ff 7#bjjj7 7plurality op474 7,i7 ,the ,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 made4 ,troxel1 #ecj ,u4,s4 at #gb-gc 7plurality op474 7#g7 ,some decisions of ,federal courts have failed to recognize the fundamental right of parents1 resulting in an improper standard of judicial review being applied to government conduct that adversely affects parental rights and prerogatives4 7#h7 ,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 premises4 7#i7 ,government's involvement in parenting should prioritize the parent's role as the child's primary educator and should support1 not supplant1 the parent's rights and responsibilities4 7#aj7 ,government should not interfere in the decisions and actions of parents without compelling justification4 7#aa7 ,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 upbringing1 education1 and health care of their children1 and it appropriately balances the interests of parents1 children1 and government4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to protect the right of parents to direct the upbringing of their children as a fundamental right2 and 7#b7 while protecting the right of parents1 to acknowledge that the rights involve responsibilities and specifically that parents have the responsibility for the education1 nurture1 and upbringing of their children as specified by the ,supreme ,court in ,meyer v4 ,nebraska1 #bfb ,u4,s4 #cij1 #djj 7#aibc71 ,wisconsin v4 ,yoder1 #djf ,u4,s4 #bje1 #bcb 7#aigb71 and ,washington v4 ,glucksberg1 #eba ,u4,s4 #gjb1 #gbj 7#aiig71 and have the high duty to recognize and prepare their children for additional obligations as specified by the ,supreme ,court in ,pierce v4 ,soc'y of the ,sisters of the ,holy ,names of ,jesus ,mary1 #bfh ,u4,s4 #eaj1 #ece 7#aibe74 #c4 ,definitions ,in this ,act3 7#a7 ,government ,the term government includes a branch1 department1 agency1 instrumentality1 and official 7or other person acting under color of law7 of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and each territory and possession of the ,united ,states4 7#b7 ,parent ,the term parent means a biological parent of a child1 an adoptive parent of a child1 or an individual who has been granted exclusive right and authority over the welfare of a child under ,state law4 7#c7 ,child ,the term child means an individual who has not attained #ah years of age4 7#d7 ,substantial burden ,the term substantial burden-- 7,a7 means any action that directly or indirectly constrains1 inhibits1 curtails1 or denies the right of parents to direct the upbringing1 education1 and health care of their child or compels any action contrary to the right of parents to direct the upbringing1 education1 and health care of their child2 and 7,b7 includes withholding benefits1 assessing criminal1 civil1 or administrative penalties or damages1 or exclusion from governmental programs4 #d4 ,protection of parental rights 7a7 ,in general 7#a7 ,fundamental right ,the liberty of parents to direct the upbringing1 education1 and health care of their children is a fundamental right4 7#b7 ,limits on government interference ,government shall not substantially burden the fundamental right of parents to direct the upbringing1 education1 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 interest4 ,the fundamental rights protected include1 without limitation1 the following rights and responsibilities3 7,a7 ,to direct the education of the child4 7,b7 ,to direct the moral or religious upbringing of the child4 7,c7 ,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 child4 7#c7 ,effect of this ,act on other rights ,unless legally waived or legally terminated1 parents have inalienable rights that are more comprehensive than those listed in this section4 ,this ,act does not prescribe all rights of parents1 nor does it preempt or foreclose claims or remedies in support of parental rights that are available under any other ,federal law1 ,state law1 the ,united ,states ,constitution1 or a ,state constitution4 7b7 ,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 life4 7c7 ,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 government4 ,standing to assert a claim or defense under this section shall be governed by the general rules of standing under article ,,iii of the ,constitution4 #e4 ,attorneys fees 7a7 ,judicial ,proceedings ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting the ,families' ,rights and ,responsibilities ,act1 before title ,,vi of the ,civil ,rights ,act of #aifd4 7b7 ,administrative ,proceedings ,section #ejd7;b77#a77;,c7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of clause 7iii72 7#b7 by striking the semicolon at the end of clause 7iv7 and inserting 1 and2 and 7#c7 by inserting 7v7 the ,families' ,rights and ,responsibilities ,act2 after clause 7iv74 #f4 ,applicability 7a7 ,in ,general ,this ,act applies to each ,federal law1 and the implementation of any such law1 whether statutory or otherwise1 and whether adopted before or after the date of enactment of this ,act4 7b7 ,rule of construction 7#a7 ,additional rights ,the protections of the fundamental right of parents to direct the upbringing1 education1 and health care of their children afforded by this ,act are in addition to the protections provided under ,federal law1 ,state law1 and the ,state and ,federal constitutions4 7#b7 ,broad protection ,this ,act shall be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing1 education1 and health care of their children4 7#c7 ,no government burden ,nothing in this ,act shall be construed to authorize any government to burden the fundamental right of parents to direct the upbringing1 education1 and health care of their children4 7#d7 ,subsequently enacted laws ,federal statutory law adopted after the date of the enactment of this ,act is subject to this ,act1 unless such law explicitly excludes such application by reference to this ,act4