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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3571 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 3571

   To protect the right of parents to direct the upbringing of their 
                    children as a fundamental right.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2024

Mr. Scott of South Carolina (for himself, Mr. Lankford, Mr. Cramer, Mr. 
  Barrasso, Mr. Ricketts, Mr. Kennedy, and Mr. Rubio) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To protect the right of parents to direct the upbringing of their 
                    children as a fundamental right.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Families' Rights and 
Responsibilities Act''.

SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The nature of the parent-child relationship endows 
        parents with the primary responsibility and obligation to care 
        for their child.
            (2) From these responsibilities and obligations comes the 
        pre-political, natural right of parents to care for their 
        children.
            (3) The role of parents in the raising and rearing of their 
        children is of inestimable value and deserving of both praise 
        and protection by all levels of government.
            (4) This right as recognized in the traditions of western 
        civilization recognizes that parents have the responsibility to 
        love, nurture, raise, and protect their children.
            (5) The right encompasses the authority of parents to 
        direct the upbringing, education, and health care of their 
        children according to the dictates of their conscience, to 
        direct the upbringing, education, and health care of their 
        children in their own beliefs and religion, and to be the 
        primary decision maker for their child until the child reaches 
        adulthood.
            (6) The Supreme Court has consistently recognized the 
        primary role of parents in caring for children, concluding the 
        following:
                    (A) ``[T]he child is not the mere creature of the 
                state; those who nurture him and direct his destiny 
                have the right, coupled with the high duty, to 
                recognize and prepare him for additional obligations.'' 
                Pierce v. Soc'y of the Sisters of the Holy Names of 
                Jesus & Mary, 268 U.S. 510, 535 (1925).
                    (B) ``[I]t is the natural duty of the parent to 
                give his children education suitable to their station 
                in life.'' Meyer v. Nebraska, 262 U.S. 390, 400 (1923).
                    (C) ``It is plain that the interest of a parent in 
                the companionship, care, custody, and management of his 
                or her children comes to this Court with a momentum for 
                respect lacking when appeal is made to liberties which 
                derive merely from shifting economic arrangements.'' 
                Stanley v. Illinois, 405 U.S. 645, 651 (1972).
                    (D) ``The history and culture of Western 
                civilization reflect a strong tradition of parental 
                concern for the nurture and upbringing of their 
                children. This primary role of the parents in the 
                upbringing of their children is now established beyond 
                debate as an enduring American tradition.'' Wisconsin 
                v. Yoder, 406 U.S. 205, 232 (1972).
                    (E) ``Our jurisprudence historically has reflected 
                Western civilization concepts of the family as a unit 
                with broad parental authority over minor children. Our 
                cases have consistently followed that course.'' Parham 
                v. J. R., 442 U.S. 584, 602 (1979).
                    (F) ``We have recognized on numerous occasions that 
                the relationship between parent and child is 
                constitutionally protected.'' Quilloin v. Walcott, 434 
                U.S. 246, 255 (1978).
                    (G) The Supreme Court has explained that the 
                liberty specially protected by the Due Process Clause 
                includes the right ``to direct the education and 
                upbringing of one's children.'' Washington v. 
                Glucksberg, 521 U.S. 702, 720 (1997).
                    (H) ``[W]e have recognized the fundamental right of 
                parents to make decisions concerning the care, custody, 
                and control of their children . . . In light of this 
                extensive precedent, it cannot now be doubted that the 
                Due Process Clause of the Fourteenth Amendment protects 
                the fundamental right of parents to make decisions 
                concerning the care, custody, and control of their 
                children.'' Troxel v. Granville, 530 U.S. 57, 66 (2000) 
                (plurality op.).
                    (I) ``[T]he Due Process Clause does not permit a 
                State to infringe on the fundamental right of parents 
                to make child rearing decisions simply because a state 
                judge believes a `better' decision could be made.'' 
                Troxel, 530 U.S. at 72-73 (plurality op.).
            (7) Some decisions of Federal courts have failed to 
        recognize the fundamental right of parents, resulting in an 
        improper standard of judicial review being applied to 
        government conduct that adversely affects parental rights and 
        prerogatives.
            (8) Government agencies have increasingly intruded into the 
        legitimate decisions and prerogatives of parents in situations 
        that do not involve abuse or neglect but simply an agency's 
        disagreement with parenting choices based on decent and 
        honorable religious or philosophical premises.
            (9) Government's involvement in parenting should prioritize 
        the parent's role as the child's primary educator and should 
        support, not supplant, the parent's rights and 
        responsibilities.
            (10) Government should not interfere in the decisions and 
        actions of parents without compelling justification.
            (11) The strict scrutiny test used by courts to evaluate 
        cases concerning fundamental rights is the correct standard of 
        review for government actions that interfere with the right of 
        parents to direct the upbringing, education, and health care of 
        their children, and it appropriately balances the interests of 
        parents, children, and government.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect the right of parents to direct the 
        upbringing of their children as a fundamental right; and
            (2) while protecting the right of parents, to acknowledge 
        that the rights involve responsibilities and specifically that 
        parents have the responsibility for the education, nurture, and 
        upbringing of their children as specified by the Supreme Court 
        in Meyer v. Nebraska, 262 U.S. 390, 400 (1923), Wisconsin v. 
        Yoder, 406 U.S. 205, 232 (1972), and Washington v. Glucksberg, 
        521 U.S. 702, 720 (1997), and have the high duty to recognize 
        and prepare their children for additional obligations as 
        specified by the Supreme Court in Pierce v. Soc'y of the 
        Sisters of the Holy Names of Jesus & Mary, 268 U.S. 510, 535 
        (1925).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Government.--The term ``government'' includes a branch, 
        department, agency, instrumentality, and official (or other 
        person acting under color of law) of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, and each 
        territory and possession of the United States.
            (2) Parent.--The term ``parent'' means a biological parent 
        of a child, an adoptive parent of a child, or an individual who 
        has been granted exclusive right and authority over the welfare 
        of a child under State law.
            (3) Child.--The term ``child'' means an individual who has 
        not attained 18 years of age.
            (4) Substantial burden.--The term ``substantial burden''--
                    (A) means any action that directly or indirectly 
                constrains, inhibits, curtails, or denies the right of 
                parents to direct the upbringing, education, and health 
                care of their child or compels any action contrary to 
                the right of parents to direct the upbringing, 
                education, and health care of their child; and
                    (B) includes withholding benefits, assessing 
                criminal, civil, or administrative penalties or 
                damages, or exclusion from governmental programs.

SEC. 4. PROTECTION OF PARENTAL RIGHTS.

    (a) In General.--
            (1) Fundamental right.--The liberty of parents to direct 
        the upbringing, education, and health care of their children is 
        a fundamental right.
            (2) Limits on government interference.--Government shall 
        not substantially burden the fundamental right of parents to 
        direct the upbringing, education, and health care of their 
        children without demonstrating that the infringement is 
        required by a compelling governmental interest of the highest 
        order as applied to the parent and the child and is the least 
        restrictive means of furthering that compelling governmental 
        interest. The fundamental rights protected include, without 
        limitation, the following rights and responsibilities:
                    (A) To direct the education of the child.
                    (B) To direct the moral or religious upbringing of 
                the child.
                    (C) To access and review all medical records of the 
                child and to make and consent to all physical and 
                mental health care decisions for the child.
            (3) Effect of this act on other rights.--Unless legally 
        waived or legally terminated, parents have inalienable rights 
        that are more comprehensive than those listed in this section. 
        This Act does not prescribe all rights of parents, nor does it 
        preempt or foreclose claims or remedies in support of parental 
        rights that are available under any other Federal law, State 
        law, the United States Constitution, or a State constitution.
    (b) Exceptions.--This section does not apply to a parental action 
or decision that would result in serious physical injury to the child 
or that would end life.
    (c) Judicial Remedy.--Any parent may raise a violation of this Act 
as a claim or a defense in an action in a Federal or State court or 
before an administrative tribunal and obtain appropriate relief against 
a government. Standing to assert a claim or defense under this section 
shall be governed by the general rules of standing under article III of 
the Constitution.

SEC. 5. ATTORNEYS FEES.

    (a) Judicial Proceedings.--Section 722(b) of the Revised Statutes 
(42 U.S.C. 1988(b)) is amended by inserting ``the Families' Rights and 
Responsibilities Act,'' before ``title VI of the Civil Rights Act of 
1964''.
    (b) Administrative Proceedings.--Section 504(b)(1)(C) of title 5, 
United States Code, is amended--
            (1) by striking ``and'' at the end of clause (iii);
            (2) by striking the semicolon at the end of clause (iv) and 
        inserting ``, and''; and
            (3) by inserting ``(v) the Families' Rights and 
        Responsibilities Act;'' after clause (iv).

SEC. 6. APPLICABILITY.

    (a) In General.--This Act applies to each Federal law, and the 
implementation of any such law, whether statutory or otherwise, and 
whether adopted before or after the date of enactment of this Act.
    (b) Rule of Construction.--
            (1) Additional rights.--The protections of the fundamental 
        right of parents to direct the upbringing, education, and 
        health care of their children afforded by this Act are in 
        addition to the protections provided under Federal law, State 
        law, and the State and Federal constitutions.
            (2) Broad protection.--This Act shall be construed in favor 
        of a broad protection of the fundamental right of parents to 
        direct the upbringing, education, and health care of their 
        children.
            (3) No government burden.--Nothing in this Act shall be 
        construed to authorize any government to burden the fundamental 
        right of parents to direct the upbringing, education, and 
        health care of their children.
            (4) Subsequently enacted laws.--Federal statutory law 
        adopted after the date of the enactment of this Act is subject 
        to this Act, unless such law explicitly excludes such 
        application by reference to this Act.
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