II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Families’ Rights and 

5 Responsibilities Act’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF 

7 PURPOSES. 

8 (a) FINDINGS.—Congress finds the following: 

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1 (1) The nature of the parent-child relationship 

2 endows parents with the primary responsibility and 

3 obligation to care for their child. 

4 (2) From these responsibilities and obligations 

5 comes the pre-political, natural right of parents to 

6 care for their children. 

7 (3) The role of parents in the raising and 

8 rearing of their children is of inestimable value and 

9 deserving of both praise and protection by all levels 

10 of government. 

11 (4) This right as recognized in the traditions of 

12 western civilization recognizes that parents have the 

13 responsibility to love, nurture, raise, and protect 

14 their children. 

15 (5) The right encompasses the authority of par16 ents to direct the upbringing, education, and health 

17 care of their children according to the dictates of 

18 their conscience, to direct the upbringing, education, 

19 and health care of their children in their own beliefs 

20 and religion, and to be the primary decision maker 

21 for their child until the child reaches adulthood. 

22 (6) The Supreme Court has consistently recog23 nized the primary role of parents in caring for chil24 dren, concluding the following: 

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1 (A) ‘‘[T]he child is not the mere creature 

2 of the state; those who nurture him and direct 

3 his destiny have the right, coupled with the 

4 high duty, to recognize and prepare him for ad5 ditional obligations.’’ Pierce v. Soc’y of the Sis6 ters of the Holy Names of Jesus & Mary, 268 

7 U.S. 510, 535 (1925). 

8 (B) ‘‘[I]t is the natural duty of the parent 

9 to give his children education suitable to their 

10 station in life.’’ Meyer v. Nebraska, 262 U.S. 

11 390, 400 (1923). 

12 (C) ‘‘It is plain that the interest of a par13 ent in the companionship, care, custody, and 

14 management of his or her children comes to 

15 this Court with a momentum for respect lacking 

16 when appeal is made to liberties which derive 

17 merely from shifting economic arrangements.’’ 

18 Stanley v. Illinois, 405 U.S. 645, 651 (1972). 

19 (D) ‘‘The history and culture of Western 

20 civilization reflect a strong tradition of parental 

21 concern for the nurture and upbringing of their 

22 children. This primary role of the parents in the 

23 upbringing of their children is now established 

24 beyond debate as an enduring American tradiVerDate Sep 11 2014 23:49 Jan 11, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571
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1 tion.’’ Wisconsin v. Yoder, 406 U.S. 205, 232 

2 (1972). 

3 (E) ‘‘Our jurisprudence historically has re4 flected Western civilization concepts of the fam5 ily as a unit with broad parental authority over 

6 minor children. Our cases have consistently fol7 lowed that course.’’ Parham v. J. R., 442 U.S. 

8 584, 602 (1979). 

9 (F) ‘‘We have recognized on numerous oc10 casions that the relationship between parent 

11 and child is constitutionally protected.’’ Quilloin 

12 v. Walcott, 434 U.S. 246, 255 (1978). 

13 (G) The Supreme Court has explained that 

14 the liberty specially protected by the Due Proc15 ess Clause includes the right ‘‘to direct the edu16 cation and upbringing of one’s children.’’ Wash17 ington v. Glucksberg, 521 U.S. 702, 720 

18 (1997). 

19 (H) ‘‘[W]e have recognized the funda20 mental right of parents to make decisions con21 cerning the care, custody, and control of their 

22 children . . . In light of this extensive precedent, 

23 it cannot now be doubted that the Due Process 

24 Clause of the Fourteenth Amendment protects 

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1 sions concerning the care, custody, and control 

2 of their children.’’ Troxel v. Granville, 530 U.S. 

3 57, 66 (2000) (plurality op.). 

4 (I) ‘‘[T]he Due Process Clause does not 

5 permit a State to infringe on the fundamental 

6 right of parents to make child rearing decisions 

7 simply because a state judge believes a ‘better’ 

8 decision could be made.’’ Troxel, 530 U.S. at 

9 72–73 (plurality op.). 

10 (7) Some decisions of Federal courts have failed 

11 to recognize the fundamental right of parents, re12 sulting in an improper standard of judicial review 

13 being applied to government conduct that adversely 

14 affects parental rights and prerogatives. 

15 (8) Government agencies have increasingly 

16 intruded into the legitimate decisions and preroga17 tives of parents in situations that do not involve 

18 abuse or neglect but simply an agency’s disagree19 ment with parenting choices based on decent and 

20 honorable religious or philosophical premises. 

21 (9) Government’s involvement in parenting 

22 should prioritize the parent’s role as the child’s pri23 mary educator and should support, not supplant, the 

24 parent’s rights and responsibilities. 

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1 (10) Government should not interfere in the de2 cisions and actions of parents without compelling 

3 justification. 

4 (11) The strict scrutiny test used by courts to 

5 evaluate cases concerning fundamental rights is the 

6 correct standard of review for government actions 

7 that interfere with the right of parents to direct the 

8 upbringing, education, and health care of their chil9 dren, and it appropriately balances the interests of 

10 parents, children, and government. 

11 (b) PURPOSES.—The purposes of this Act are— 

12 (1) to protect the right of parents to direct the 

13 upbringing of their children as a fundamental right; 

14 and 

15 (2) while protecting the right of parents, to ac16 knowledge that the rights involve responsibilities and 

17 specifically that parents have the responsibility for 

18 the education, nurture, and upbringing of their chil19 dren as specified by the Supreme Court in Meyer v. 

20 Nebraska, 262 U.S. 390, 400 (1923), Wisconsin v. 

21 Yoder, 406 U.S. 205, 232 (1972), and Washington 

22 v. Glucksberg, 521 U.S. 702, 720 (1997), and have 

23 the high duty to recognize and prepare their children 

24 for additional obligations as specified by the Su25 preme Court in Pierce v. Soc’y of the Sisters of the 

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1 Holy Names of Jesus & Mary, 268 U.S. 510, 535 

2 (1925). 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) GOVERNMENT.—The term ‘‘government’’ 

6 includes a branch, department, agency, instrumen7 tality, and official (or other person acting under 

8 color of law) of the United States, the District of 

9 Columbia, the Commonwealth of Puerto Rico, and 

10 each territory and possession of the United States. 

11 (2) PARENT.—The term ‘‘parent’’ means a bio12 logical parent of a child, an adoptive parent of a 

13 child, or an individual who has been granted exclu14 sive right and authority over the welfare of a child 

15 under State law. 

16 (3) CHILD.—The term ‘‘child’’ means an indi17 vidual who has not attained 18 years of age. 

18 (4) SUBSTANTIAL BURDEN.—The term ‘‘sub19 stantial burden’’— 

20 (A) means any action that directly or indi21 rectly constrains, inhibits, curtails, or denies 

22 the right of parents to direct the upbringing, 

23 education, and health care of their child or 

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1 ents to direct the upbringing, education, and 

2 health care of their child; and 

3 (B) includes withholding benefits, assess4 ing criminal, civil, or administrative penalties or 

5 damages, or exclusion from governmental pro6 grams. 

7 SEC. 4. PROTECTION OF PARENTAL RIGHTS. 

8 (a) IN GENERAL.— 

9 (1) FUNDAMENTAL RIGHT.—The liberty of par10 ents to direct the upbringing, education, and health 

11 care of their children is a fundamental right. 

12 (2) LIMITS ON GOVERNMENT INTER13 FERENCE.—Government shall not substantially bur14 den the fundamental right of parents to direct the 

15 upbringing, education, and health care of their chil16 dren without demonstrating that the infringement is 

17 required by a compelling governmental interest of 

18 the highest order as applied to the parent and the 

19 child and is the least restrictive means of furthering 

20 that compelling governmental interest. The funda21 mental rights protected include, without limitation, 

22 the following rights and responsibilities: 

23 (A) To direct the education of the child. 

24 (B) To direct the moral or religious up25 bringing of the child. 

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1 (C) To access and review all medical 

2 records of the child and to make and consent 

3 to all physical and mental health care decisions 

4 for the child. 

5 (3) EFFECT OF THIS ACT ON OTHER RIGHTS.— 

6 Unless legally waived or legally terminated, parents 

7 have inalienable rights that are more comprehensive 

8 than those listed in this section. This Act does not 

9 prescribe all rights of parents, nor does it preempt 

10 or foreclose claims or remedies in support of paren11 tal rights that are available under any other Federal 

12 law, State law, the United States Constitution, or a 

13 State constitution. 

14 (b) EXCEPTIONS.—This section does not apply to a 

15 parental action or decision that would result in serious 

16 physical injury to the child or that would end life. 

17 (c) JUDICIAL REMEDY.—Any parent may raise a vio18 lation of this Act as a claim or a defense in an action 

19 in a Federal or State court or before an administrative 

20 tribunal and obtain appropriate relief against a govern21 ment. Standing to assert a claim or defense under this 

22 section shall be governed by the general rules of standing 

23 under article III of the Constitution. 

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1 SEC. 5. ATTORNEYS FEES. 

2 (a) JUDICIAL PROCEEDINGS.—Section 722(b) of the 

3 Revised Statutes (42 U.S.C. 1988(b)) is amended by in4 serting ‘‘the Families’ Rights and Responsibilities Act,’’ 

5 before ‘‘title VI of the Civil Rights Act of 1964’’. 

6 (b) ADMINISTRATIVE PROCEEDINGS.—Section 

7 504(b)(1)(C) of title 5, United States Code, is amended— 

8 (1) by striking ‘‘and’’ at the end of clause (iii); 

9 (2) by striking the semicolon at the end of 

10 clause (iv) and inserting ‘‘, and’’; and 

11 (3) by inserting ‘‘(v) the Families’ Rights and 

12 Responsibilities Act;’’ after clause (iv). 

13 SEC. 6. APPLICABILITY. 

14 (a) IN GENERAL.—This Act applies to each Federal 

15 law, and the implementation of any such law, whether 

16 statutory or otherwise, and whether adopted before or 

17 after the date of enactment of this Act. 

18 (b) RULE OF CONSTRUCTION.— 

19 (1) ADDITIONAL RIGHTS.—The protections of 

20 the fundamental right of parents to direct the up21 bringing, education, and health care of their children 

22 afforded by this Act are in addition to the protec23 tions provided under Federal law, State law, and the 

24 State and Federal constitutions. 

25 (2) BROAD PROTECTION.—This Act shall be 

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1 damental right of parents to direct the upbringing, 

2 education, and health care of their children. 

3 (3) NO GOVERNMENT BURDEN.—Nothing in 

4 this Act shall be construed to authorize any govern5 ment to burden the fundamental right of parents to 

6 direct the upbringing, education, and health care of 

7 their children. 

8 (4) SUBSEQUENTLY ENACTED LAWS.—Federal 

9 statutory law adopted after the date of the enact10 ment of this Act is subject to this Act, unless such 

11 law explicitly excludes such application by reference 

12 to this Act. 

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