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Regular Session, 2010
SENATE CONCURRENT RESOLUTI ON NO. 38
BY SENATOR LONG
CONGRESS. Memorialize Congress to pass the Parental Rights Amendment to the U.S.
Constitution and submit it to the states for ratification.
A CONCURRENT RESOLUTI ON1
To memorialize the Congress of the United States to adopt and submit to the states for2
ratification the Parental Rights Amendment to the Constitution of the United States.3
WHEREAS, the right of parents to direct the upbringing and education of their4
children is a fundamental right protected by the Constitution of the United States and the5
Constitution of Louisiana; and6
WHEREAS, our nation has historically relied first and foremost upon parents to meet7
the real and constant needs of children; and8
WHEREAS, the interests of children are best served when parents are free to make9
child-rearing decisions about education, religion, and other areas of a child's life without10
state interference; and11
WHEREAS, the United States Supreme Court, in Wisconsin v. Yoder, 406 U.S. 20512
(1972), held that "This primary role of the parents in the upbringing of their children is now13
established beyond debate as an enduring American tradition"; and14
WHEREAS, however, in Troxel v. Granville, 530 U.S. 57 (2000), six justices of the15
United States Supreme Court filed opinions on the nature and enforceability of parental16
rights under the Constitution of the United States; and17
WHEREAS, the number of written opinions in Troxel v. Granville has created18 SCR NO. 38
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confusion and ambiguity about the fundamental nature of parental rights in the laws and1
society of the several states; and2
WHEREAS, H. J. Res. 42 and S.J. Res. 16 were introduced during the First Session3
of the 111
th
Congress to provide for an amendment to the United States Constitution to4
prevent erosion of the enduring American tradition of treating parental rights as fundamental5
rights, and the legislation states:6
SECTION ONE: The liberty of parents to direct the upbringing and education of7
their children is a fundamental right.8
SECTION TWO: Neither the United States nor any State shall infringe upon this9
right without demonstrating that its governmental interest as applied to the person is of the10
highest order and not otherwise served.11
"SECTION THREE: No treaty may be adopted nor shall any source of international12
law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this13
article"; and14
WHEREAS, this amendment would add explicit text to the Constitution of the United15
States to forever protect the rights of parents as they are now enjoyed, without substantive16
change to current state or federal laws respecting these rights; and17
WHEREAS, the enumeration of these rights in the text of the Constitution of the18
United States would preserve these rights from being infringed upon by shifting ideologies19
and interpretations of the United States Supreme Court.20
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana memorializes21
the Congress of the United States to adopt and submit to the states for ratification the22
Parental Rights Amendment to the Constitution of the United States.23
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted24
to the secretary of the United States Senate and the clerk of the United States House of25
Representatives and to each member of the Louisiana delegation to the United States26
Congress.27 SCR NO. 38
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Camille Sebastien Perry.
DIGEST
Long SCR No.
Memorializes Congress to adopt and submit to the states for ratification the Parental Rights
Amendment to the Constitution of the United States.