House Concurrent Resolution 2

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, BY CREATING A NEW SECTION 32A TO PROVIDE THAT PARENTS HAVE A FUNDAMENTAL RIGHT TO DIRECT THE UPBRINGING, EDUCATION AND CARE OF THEIR CHILDREN; TO PROVIDE THAT PARENTAL RIGHTS INCLUDE THE RIGHT TO CHOOSE ALTERNATIVES TO PUBLIC SCHOOLS; TO PROVIDE THAT THE STATE SHALL NOT INFRINGE ON A PARENT'S FUNDAMENTAL RIGHTS WITHOUT DEMONSTRATING A GOVERNMENTAL INTEREST OF THE HIGHEST ORDER; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Article 3, Mississippi Constitution of 1890, by adding a new Section 32A, to read as follows:

"Section 32A. (1) The liberty of parents to direct the upbringing, education and care of their children is a fundamental right.

(2) The parental right to direct education includes the right to choose, as an alternative to public education, private, religious or home schools, and the right to make reasonable choices within public schools for one's child.

(3) The State of Mississippi shall not infringe on the enumerated rights set forth in this section without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

(4) The parental rights guaranteed by this section shall not be denied or abridged on account of disability.

(5) This section shall not be construed to apply to a parental action or decision that would end life."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2018, as provided by Section 273 and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed amendment provides that the right of parents to direct the upbringing, education and care of their children is a fundamental right, and the state shall not infringe on those rights without demonstrating a governmental interest of the highest order. Parental rights include the right to choose alternatives to public school. A parent's right shall not be abridged on account of disability, and does not apply to a decision that would end life."