2013 Regular Session

To: Rules

By: Representatives Brown (20th), Formby

House Concurrent Resolution 90

(As Adopted by House)


     WHEREAS, the State of Mississippi recognizes that 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 U.S. 57 (2000), six (6) 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, the State of Mississippi seeks to prevent erosion of the enduring American tradition of treating parental rights as fundamental rights; and

     WHEREAS, it is the opinion of this Legislature that we should preserve these parental rights from being infringed upon by shifting ideologies and interpretations of the United States Supreme Court:

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the State of Mississippi recognizes that the liberty of parents to direct the upbringing, education and care of their children, which encompasses all forms of care including healthcare and whether parents choose to vaccinate their children, is a fundamental right.

     BE IT FURTHER RESOLVED, That a copy of this resolution shall be transmitted to each member of the delegation of the State of Mississippi in the Congress of the United States and to members of the Capital Press Corps.