HLS 10RS-2785 ORIGINAL
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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 132
BY REPRESENTATIVE PERRY
CHILDREN/PARENTAL RIGHTS: Requests congress to adopt and propose to voters for
ratification a constitutional amendment relative to parental rights
A CONCURRENT RESOLUTI ON1
To memorialize the United States Congress to take such actions as are necessary to adopt2
and submit to the states for ratification the Parental Rights Amendment to the3
Constitution of the United States.4
WHEREAS, the right of parents to direct the upbringing and education of their5
children is a fundamental right protected by the Constitution of the United States and the6
Constitution of Louisiana; and7
WHEREAS, our nation has historically relied first and foremost upon parents to meet8
the real and constant needs of children; and9
WHEREAS, the interests of children are best served when parents are free to make10
child-rearing decisions about education, religion, and other areas of a child's life without11
state interference; and12
WHEREAS, the United States Supreme Court, in Wisconsin v. Yoder, 406 U.S. 20513
(1972), held that "This primary role of the parents in the upbringing of their children is now14
established beyond debate as an enduring American tradition"; and15
WHEREAS, however, in Troxel v. Granville, 530 U.S. 57 (2000), six justices of the16
United States Supreme Court filed opinions on the nature and enforceability of parental17
rights under the Constitution of the United States; and18
WHEREAS, the number of written opinions in Troxel v. Granville has created19
confusion and ambiguity about the fundamental nature of parental rights in the laws and20
society of the several states; and21
WHEREAS, H. J. Res. 42 and S.J. Res. 16 were introduced during the First Session22
of the 111th Congress to provide for an amendment to the United States Constitution to23 HLS 10RS-2785 ORIGINAL
HCR NO. 132
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prevent erosion of the enduring American tradition of treating parental rights as fundamental1
rights, and the legislation states:2
SECTION ONE: The liberty of parents to direct the upbringing and education of3
their children is a fundamental right.4
SECTION TWO: Neither the United States nor any State shall infringe upon this5
right without demonstrating that its governmental interest as applied to the person is of the6
highest order and not otherwise served.7
SECTION THREE: No treaty may be adopted nor shall any source of international8
law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this9
Article; and10
WHEREAS, this amendment would add explicit text to the Constitution of the United11
States to forever protect the rights of parents as they are now enjoyed, without substantive12
change to current state or federal laws respecting these rights; and13
WHEREAS, the enumeration of these rights in the text of the Constitution of the14
United States would preserve these rights from being infringed upon by shifting ideologies15
and interpretations of the United States Supreme Court.16
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby17
memorialize the United States Congress to take such actions as are necessary to adopt and18
submit to the states for ratification the Parental Rights Amendment to the Constitution of the19
United States.20
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the21
presiding officers of the Senate and the House of Representatives of the Congress of the22
United States of America and to each member of the Louisiana congressional delegation.23
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Perry HCR No. 132
Memorializes congress to adopt and submit to the states for ratification the Parental Rights
Amendment to the Constitution of the U.S.