House Concurrent Resolution 49

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; 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. The liberty of parents to direct the upbringing, education and care of their children is a fundamental right. Neither the State of Mississippi nor any political subdivision or agency thereof shall infringe upon this right without demonstrating that such infringement is (a) in furtherance of a compelling governmental interest, and (b) is the least restrictive means of furthering that compelling governmental interest."

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 2016, 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 parents have a fundamental right to direct the upbringing, education and care of their children, and the state shall not infringe on that right without first demonstrating that such infringement is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest."