House Study Bill 230 - Introduced HOUSE CONCURRENT RESOLUTION NO. _____ BY (PROPOSED COMMITTEE ON JUDICIARY RESOLUTION BY CHAIRPERSON ANDERSON) A Concurrent Resolution to urge the members of 1 the Congress of the United States to propose a 2 parental rights amendment to the Constitution of 3 the 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 expressed six different opinions on the nature 25 and enforceability of parental rights under the 26 Constitution of the United States, creating some 27 -1- LSB 2753YC (3) 84 jp/rj 1/ 3

H.C.R. _____ ambiguity about the nature of parental rights in 1 the laws and society of the states of the United 2 States; and 3 WHEREAS, international conventions and treaties 4 have been proposed and may soon be considered for 5 ratification by the United States Senate, which would 6 alter the fundamental right of parents to direct the 7 upbringing of their children; and 8 WHEREAS, the United States Supreme Court has noted 9 that the laws of other countries and international 10 authorities are instructive for its interpretation of 11 the Constitution of the United States; and 12 WHEREAS, a proposed amendment to the Constitution 13 of the United States has been introduced in the United 14 State Congress to prevent erosion of the enduring 15 American tradition of treating the following parental 16 rights as fundamental rights: 17 SECTION ONE: The liberty of parents to direct 18 the upbringing and education of their children is a 19 fundamental right. 20 SECTION TWO: Neither the United States nor 21 any State shall infringe upon this right without 22 demonstrating that its governmental interest as applied 23 to the person is of the highest order and not otherwise 24 served. 25 SECTION THREE: No treaty may be adopted nor 26 shall any source of international law be employed to 27 supersede, modify, interpret, or apply to the rights 28 guaranteed by this article; and 29 WHEREAS, this amendment would protect the rights 30 -2- LSB 2753YC (3) 84 jp/rj 2/ 3

H.C.R. _____ of parents as they are now enjoyed, without requiring 1 substantive change to current state or federal laws 2 respecting those rights; and 3 WHEREAS, enumerating parental rights in the 4 Constitution of the United States will preserve 5 parental rights from infringement by international 6 convention, treaty, or law; NOW THEREFORE, 7 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 8 THE SENATE CONCURRING, That the Iowa General Assembly 9 affirms the rights of parents as enumerated in the 10 proposed parental rights amendment to the Constitution 11 of the United States; and 12 BE IT FURTHER RESOLVED, That the Iowa General 13 Assembly urges the members of the United States Senate 14 and the United States House of Representatives from 15 this state to support the proposed parental rights 16 amendment in their respective chambers; and 17 BE IT FURTHER RESOLVED, That the Iowa General 18 Assembly urges the members of the Congress of 19 the United States to propose the parental rights 20 amendment to the states of the United States for 21 ratification; and 22 BE IT FURTHER RESOLVED, That upon passage of 23 this resolution, the Chief Clerk of the House of 24 Representatives shall transmit copies of this 25 resolution to the President and members of the United 26 States Senate, the Speaker and members of the United 27 States House of Representatives, and to the clerk of 28 each of the legislative chambers of the other states. 29 -3- LSB 2753YC (3) 84 jp/rj 3/ 3