House Concurrent Resolution 96

A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO PARENTAL RIGHTS AND URGING THE LEGISLATIVE BODIES OF THE SEVERAL STATES TO CALL ON THE CONGRESS TO PROPOSE SUCH AN AMENDMENT.

WHEREAS, the United States Constitution provides that "The Congress, whenever 2/3 of both Houses shall deem it necessary, shall propose Amendments to the [United States] Constitution," which amendments when so proposed must be ratified by the Legislatures of, or conventions in, 3/4 of the states to become valid; and

WHEREAS, the right of parents to direct the upbringing and education of their children is a fundamental right, and historically, our nation has relied first and foremost upon parents to meet the real and constant needs of children; and

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

WHEREAS, the United States Supreme Court, in the case of Wisconsin v. Yoder, 406 U.S. 205 (1972), 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, however, in the case of Troxel v. Granville, 530 26 U.S. 57 (2000), six justices of the United States Supreme Court filed opinions on the nature and enforceability of parental rights under the Constitution of the United States, and the number of written opinions in the Troxel v. Granville case has created confusion and ambiguity about the fundamental nature of parental rights in the laws and society of the several states; and

WHEREAS, House Joint Resolution 110 and Senate Joint Resolution were introduced during the Second Session of the 112th Congress to provide for an amendment to the United States Constitution, to prevent erosion of the enduring American tradition of treating parental rights as fundamental rights; and

WHEREAS, the enumeration of parental rights in the text of the Constitution of the United States would preserve these rights from being infringed by shifting ideologies and interpretations of the United States Supreme Court; and

WHEREAS, an amendment to the United States Constitution regarding parental rights would add explicit text to the Constitution of the United States to forever protect the rights of parents as they are now enjoyed, without substantive change to current state or federal laws respecting these rights:

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Congress of the United States is hereby requested to propose, pursuant to Article V of the United States Constitution, an amendment to the United States Constitution, which amendment shall be substantially as follows:

"ARTICLE _____.

Section 1. The liberty of parents to direct the upbringing, education, and care of their children is a fundamental right.

Section 2. Neither the United States nor any state shall infringe this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

Section 3. This article shall not be construed to apply to a parental action or decision that would end life.

Section 4. 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."

BE IT FURTHER RESOLVED, That the Congress of the United States is hereby requested to provide that said amendment shall be valid to all intents and purposes and become a part of the Constitution of the United States when ratified by the legislatures of 3/4 of the several states.

BE IT FURTHER RESOLVED, That the Legislature of the State of Mississippi does hereby urge and request the legislative bodies of the several states to call on the Congress of the United States to propose this amendment to the Constitution of the United States.

BE IT FURTHER RESOLVED, That a copy of this resolution shall be transmitted to the Secretary of the United States Senate and the Clerk of the United States House of Representatives; to each member of the congressional delegation of the State of Mississippi; to the presiding officers of each house of the legislative bodies of the several states of the union; and to the Capitol Press Corps.