2010 SESSION

INTRODUCED

10104386D

1 HOUSE JOINT RESOLUTION NO. 193

2 Offered January 26, 2010

3 Memorializing the Congress of the United States to pass the Parental Rights Amendment and submit it

4 to the states for ratification.

5 ––––––––––

Patrons––Pogge, Anderson, Athey, Bell, Richard P., Carrico, Cleaveland, Cline, Cole, Cox, J.A., Cox,

M.K., Crockett-Stark, Gear, Gilbert, Greason, Griffith, Hugo, Jones, Kilgore, Landes, Lingamfelter,

Marshall, R.G., Massie, Miller, J.H., Morefield, Oder, Purkey, Putney, Sherwood, Stolle and Tata

6 ––––––––––

7 Unanimous consent to introduce

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9 Referred to Committee on Privileges and Elections

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11 WHEREAS, the right of parents to direct the upbringing and education of their children is a

12 fundamental right protected by the United States Constitution and the Constitution of Virginia; and

13 WHEREAS, our nation has historically relied first and foremost on parents to meet the real and

14 constant needs of children; and

15 WHEREAS, the interests of children are best served when parents are free to make child-rearing

16 decisions about education, religion, and other areas of a child's life without state interference; and

17 WHEREAS, the United States Supreme Court, in Wisconsin v. Yoder, 406 U.S. 205 (1972), held that

18 "(t)his primary role of the parents in the upbringing of their children is now established beyond debate

19 as an enduring American tradition"; and

20 WHEREAS, however, in Troxel v. Granville, 530 U.S. 57 (2000), Supreme Court justices issued six

21 concurring and dissenting opinions on the nature and enforceability of parental rights under the United

22 States Constitution; and

23 WHEREAS, the decision in Troxel v. Granville has created confusion and ambiguity about the

24 fundamental nature of parental rights in the laws and society of the several states; and

25 WHEREAS, the United Nations Convention on the Rights of the Child has been proposed and soon

26 may be considered for ratification by the United States Senate, which would drastically alter the

27 fundamental right of parents to direct the upbringing of their children; and

28 WHEREAS, this Convention has been acceded to by 192 nations worldwide and has been cited by

29 U.S. courts as "customary international law," and international influence is being exerted on the United

30 States Supreme Court, as demonstrated in Roper v. Simmons, 543 U.S. 551 (2005), in which it was

31 expressed that "the Court has referred to the laws of other countries and to the international authorities

32 as instructive for its interpretation" of the United States Constitution; and

33 WHEREAS, H. J. Res. 42 was introduced in the United States House of Representatives during the

34 First Session of the 111th Congress to provide for an amendment to the United States Constitution to

35 prevent erosion of the enduring American tradition of treating parental rights as fundamental rights, and

36 the legislation states:

37 "SECTION ONE: The liberty of parents to direct the upbringing and education of their children is a

38 fundamental right.

39 "SECTION TWO: Neither the United States nor any State shall infringe upon this right without

40 demonstrating that its governmental interest as applied to the person is of the highest order and not

41 otherwise served.

42 "SECTION THREE: No treaty may be adopted nor shall any source of international law be

43 employed to supersede, modify, interpret, or apply to the rights guaranteed by this article"; and

44 WHEREAS, this amendment will add explicit text to the United States Constitution to forever protect

45 the rights of parents as they are now enjoyed, without substantive change to current state or federal laws

46 respecting these rights; and

47 WHEREAS, the enumeration of these rights in the text of the United States Constitution will

48 preserve them from being infringed upon by treaty or international law; now, therefore, be it

49 RESOLVED by the House of Delegates, the Senate concurring, That the Congress of the United

50 States be urged to pass the Parental Rights Amendment to the United States Constitution and submit it

51 to the states for ratification; and, be it

52 RESOLVED FURTHER, That the Virginia General Assembly affirm the Parental Rights Amendment

53 to the United States Constitution as presented to the United States Congress in H. J. Res. 42 and S. J.

54 Res. 16, both introduced in the First Session of the 111th Congress; and, be it

55 RESOLVED FINALLY, That the Clerk of the House of Delegates transmit copies of this resolution

56 to the Speaker of the United States House of Representatives, the President of the United States Senate,

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57 and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of

58 the General Assembly of Virginia in this matter.