Arkansas Senate Bill SB642

Arkansas 2025 Regular Session

• Introduced: 4/10/25
• Refer: 4/10/25
• Failed: 5/5/25

Caption

To Create The Families' Rights And Responsibilities Act.

Impact

The legislation introduces a strict scrutiny standard for cases where parents' rights are perceived to be considerably encumbered by governmental actions. It provides parents with the legal means to claim violations of their rights and seek relief through judicial avenues without needing to exhaust administrative remedies. This empowers parents to challenge government actions perceived as overreaching while solidifying their control and decision-making authority regarding their children.

Summary

Senate Bill 642, known as the Families' Rights and Responsibilities Act, aims to codify and protect the fundamental rights of parents concerning the upbringing, education, healthcare, and overall welfare of their children. The bill emphasizes that these parental rights are foundational and specifies that the government cannot substantially burden these rights unless a compelling governmental interest is demonstrated, and even then, the least restrictive means must be employed.

Contention

Points of contention surrounding SB642 include concerns over potential government overreach and the delineation of parental authority in public health and education contexts. Critics argue that while protecting parental rights is essential, the language of the bill may lead to challenges in enforcing regulations meant to safeguard children's welfare, particularly in areas such as health care and education. The ambiguity surrounding what constitutes a compelling governmental interest may result in legal disputes, impacting both parents and children in significant ways.