Senate Concurrent Resolution 10 - Introduced SENATE CONCURRENT RESOLUTION NO. 10 BY BOETTGER , BACON , SMITH , GREINER , CHELGREN , BARTZ , HOUSER , SEYMOUR , BEHN , JOHNSON , KAPUCIAN , ANDERSON , BERTRAND , ERNST , HAMERLINCK , HAHN , FEENSTRA , WHITVER , KETTERING , McKINLEY , and SORENSON A Concurrent Resolution urging the members of the 1 Congress of the United States to propose a parental 2 rights amendment to the Constitution of the 3 United States for submission to the states for 4 ratification. 5 WHEREAS, the right of parents to direct the 6 upbringing and education of their children is a 7 fundamental right implicitly protected by the 8 Constitution of the United States and the Constitution 9 of the State of Iowa; and 10 WHEREAS, this nation has historically relied first 11 and foremost on parents to meet the real and constant 12 needs of children; and 13 WHEREAS, the interests of children are best served 14 when parents are free to make childrearing decisions 15 about education, religion, and other areas of a child’s 16 life without government interference; and 17 WHEREAS, the Supreme Court of the United States 18 in Wisconsin v. Yoder, 406 U.S. 205 (1972), concluded 19 that, “This primary role of the parents in the 20 upbringing of their children is now established beyond 21 debate as an enduring American tradition”; and 22 WHEREAS, however, the Supreme Court of the United 23 States in Troxel v. Granville, 530 U.S. 57 (2000), 24 produced six different opinions on the nature 25 -1- LSB 2359XS (9) 84 jp/rj 1/ 4

S.C.R. 10 and enforceability of parental rights under the 1 Constitution of the United States; and 2 WHEREAS, the Troxel decision has created confusion 3 and ambiguity about the fundamental nature of parental 4 rights in the laws and society of the states of the 5 United States; and 6 WHEREAS, the United Nations Convention on the Rights 7 of the Child has been proposed and may be considered 8 for ratification by the United States Senate, and the 9 convention’s ratification would drastically alter the 10 fundamental right of parents in the United States to 11 direct the upbringing of their children; and 12 WHEREAS, the United Nations convention has already 13 been acceded to by 192 nations and has been cited 14 by United States courts as “customary international 15 law”; and 16 WHEREAS, international influence is being exerted 17 on the United States Supreme Court, as demonstrated 18 in Roper v. Simmons, 543 U.S. 551 (2005), where “the 19 Court has referred to the laws of other countries and 20 to the international authorities as instructive for 21 its interpretation” of the Constitution of the United 22 States; and 23 WHEREAS, Senator James DeMint of the State of South 24 Carolina and Representative Jeff Fortenberry of the 25 State of Nebraska have heretofore introduced in the 26 United States Congress a proposed amendment to the 27 Constitution of the United States to prevent erosion 28 of the enduring American tradition of treating the 29 following parental rights as fundamental rights: 30 -2- LSB 2359XS (9) 84 jp/rj 2/ 4

S.C.R. 10 SECTION ONE: The liberty of parents to direct 1 the upbringing and education of their children is a 2 fundamental right. 3 SECTION TWO: Neither the United States nor 4 any State shall infringe upon this right without 5 demonstrating that its governmental interest as applied 6 to the person is of the highest order and not otherwise 7 served. 8 SECTION THREE: No treaty may be adopted nor 9 shall any source of international law be employed to 10 supersede, modify, interpret, or apply to the rights 11 guaranteed by this article; and 12 WHEREAS, proposing and ratifying this amendment 13 would add explicit text to the Constitution of the 14 United States to protect the rights of parents as they 15 are now enjoyed, without requiring substantive change 16 to current state or federal laws respecting those 17 rights; and 18 WHEREAS, enumerating parental rights in the 19 Constitution of the United States will preserve 20 parental rights from being infringed upon by shifts 21 in the ideology of and interpretations by the United 22 States Supreme Court; and 23 WHEREAS, enumerating parental rights in the 24 Constitution of the United States will preserve 25 parental rights from being infringed upon by treaty or 26 international law; NOW THEREFORE, 27 BE IT RESOLVED BY THE SENATE, THE HOUSE OF 28 REPRESENTATIVES CONCURRING, That the Iowa General 29 Assembly affirms the rights of parents as enumerated 30 -3- LSB 2359XS (9) 84 jp/rj 3/ 4

S.C.R. 10 in the proposed parental rights amendment to the 1 Constitution of the United States, as heretofore 2 presented to the Congress of the United States by 3 Senator James DeMint of the State of South Carolina 4 and Representative Jeff Fortenberry of the State of 5 Nebraska, and as described by this resolution; and 6 BE IT FURTHER RESOLVED, That the Iowa General 7 Assembly urges the members of the United States 8 Senate and the United States House of Representatives 9 from this state to support the proposed parental 10 rights amendment, as described by this resolution, by 11 cosponsoring resolutions proposing the amendment in 12 their respective chambers; and 13 BE IT FURTHER RESOLVED, That the Iowa General 14 Assembly urges the members of the Congress of the 15 United States to propose the parental rights amendment, 16 as described by this resolution, to the states of the 17 United States for ratification; and 18 BE IT FURTHER RESOLVED, That upon passage of this 19 resolution, the Secretary of the Senate shall transmit 20 copies of this resolution to the President and members 21 of the United States Senate, the Speaker and members 22 of the United States House of Representatives, and to 23 the clerk of each of the legislative chambers of the 24 other states. 25 -4- LSB 2359XS (9) 84 jp/rj 4/ 4