While some states are stripping parents of their right to raise their own children, Texas is instead poised to enshrining such a fundamental right in its state Constitution with two proposed measures.
SJR 70 says:
Sec. 36. (a) A parent has the inherent right to exercise care, custody, and control of the parent’s child and to make decisions for the upbringing of the parent’s child, including but not limited to decisions regarding the education, moral and religious training, and health care of the child.
(b) The state or a political subdivision of this state shall not interfere with the rights of a parent described by Subsection
(a) of this section unless the interference is:
(1) essential to further a compelling governmental interest; and
(2) narrowly tailored to accomplish that compelling governmental interest.
SJR 29 goes further:
Sec. 36. (a) In this section, “parent” means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.
(b) A parent has the right to direct the education of the parent’s child, including the right to: (1) make reasonable choices within the public school system;
(2) choose an alternative to public education, such as a private school, including a parochial school or home school;
(3) access and view public school teaching materials, textbooks and other instructional materials, and library books;
(4) attend meetings of the governing body of a public school; and
(5) access public school student records for the parent’s child, including the child’s student health records.
(c) The rights described by Subsection (b) of this section may not be denied or restricted because the parent or the child is an individual with a disability.
(d) The legislature by general law may provide for processes to ensure that the rights described by Subsection (b) of this section are upheld.
This should all seem like common sense, but that a state like even Texas feels it necessary to amend its state Constitution to say so shows just how much this right is nationwide.
SJR 70, as engrossed, can be read here or below:
SJR 29, as engrossed, can be read here or below: