MISSISSIPPI LEGISLATURE

2024 Regular Session

To: State Affairs

By: Representatives Remak, Arnold, Blackwell, Boyd (19th), Burch, Byrd, Calvert, Carpenter, Currie, Hall, Keen, Lott, Mansell, Mattox, McCray, McLean, McMillan, Newman, Smith, Stepp, Waldo, Lancaster, Crawford

House Bill 1047

AN ACT TO DECLARE THE FUNDAMENTAL RIGHTS OF PARENTS TO DIRECT THE UPBRINGING OF THEIR CHILDREN; TO PROHIBIT ANY AGENCY OF THIS STATE FROM INFRINGING ON THE FUNDAMENTAL RIGHTS OF PARENTS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The Legislature of Mississippi declares the following:

          (a)  The United States Supreme Court has recognized that parents have a fundamental right to direct the upbringing of their children.

          (b)  The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care and control of their children.

     SECTION 2.  (1)  The liberty interest of a parent in the nurture, education, care, custody and control of the parent's child is a fundamental right.

     (2)  No agency or officer of this state nor any agency or officer of any subdivision of this state shall infringe fundamental parental rights except as provided by law narrowly tailored to meet a compelling governmental interest by the least restrictive means.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.