This Act says parents have a fundamental right to direct their child’s upbringing, education, and health care. It defines “parent,” “child” (under 18), and “government” broadly. The Act requires that public authorities may not substantially burden parental decisions unless they show a compelling interest of the highest order and use the least restrictive means (a strict scrutiny test). The Act lists specific parental rights, including directing education, moral or religious upbringing, and making medical decisions. It allows parents to raise violations as a claim or a defense in state or federal court or before administrative tribunals. The Act excludes parental actions that would cause serious physical injury to a child or end the child’s life. It amends statutes to permit recovery of attorneys’ fees in some judicial and administrative proceedings. The Act applies to federal laws and their implementation unless a later federal statute explicitly excludes it.
No publicly available information on budgetary effects or new funding in the text. The Act does amends fee-shifting rules so that prevailing parties may be eligible for attorneys’ fees under the referenced statutes in judicial and some administrative proceedings.
Supporters say the Act protects parents’ preexisting rights to raise and educate their children. The text says parents should be the primary decision makers and that courts should use strict scrutiny when public authorities interfere. Supporters frame the Act as restoring and clarifying long-recognized parental rights and limiting unwarranted intrusion into parenting choices.
No publicly available information.