Louisiana 2023 Regular Session

Louisiana House Bill HB152

Introduced
3/23/23  
Introduced
3/23/23  
Refer
3/23/23  
Refer
3/23/23  
Refer
4/10/23  
Refer
4/10/23  
Report Pass
5/8/23  

Caption

(Constitutional Amendment) Provides relative to fundamental parental rights

Impact

If passed, HB152 would significantly alter the legal framework surrounding parental rights in Louisiana. It would enshrine these rights in the state's constitution, which could lead to more robust protections against state regulations and interventions perceived to undermine parental authority. Any future laws that might infringe upon these established rights would be subjected to 'strict scrutiny,' raising the bar for any state action regarding family and child welfare issues.

Summary

House Bill 152 proposes a constitutional amendment to recognize and protect parental rights in Louisiana. It establishes the idea that parents have a fundamental right to raise their children in accordance with their own values and traditions. This encompasses making decisions about children's residence, education, moral and ethical training, healthcare, and discipline, asserting that the relationship between parent and child is paramount for a child's well-being. Furthermore, the bill emphasizes that state intervention in family matters should be minimal, only occurring in cases of serious threats to family integrity.

Sentiment

The sentiment surrounding HB152 appears mixed, with proponents arguing that it is crucial for maintaining family integrity and protecting parental control over child-rearing decisions. Opponents, however, express concern that the legislation could hinder necessary state protections for children in situations of abuse or neglect, as it may restrict the ability of the government to intervene in family matters for the child's safety if needed. This divide reflects broader national debates on parental rights versus child welfare.

Contention

One notable point of contention in discussions regarding HB152 revolves around balancing parental rights with the state's obligation to protect children. Critics fear that elevating parental authority to a constitutional level may reduce the state's ability to act in the best interests of the child, particularly in cases of abuse or neglect. Additionally, the language of the bill raises questions about what constitutes a 'serious threat' to the family, which may vary widely depending on individual circumstances and interpretations by the courts.

Companion Bills

No companion bills found.

Previously Filed As

LA HB591

(Constitutional Amendment) Provides relative to parental rights

LA HB98

Fundamental rights of parents, provided for, Constitutional Amendment

LA SB308

Provides relative to the fundamental rights of parents. (2/3 - CA13sl(A)) (OR SEE FISC NOTE)

LA SB63

Constitutional Amendment to provide that the right of freedom of worship in churches or other places of worship is a fundamental right that is worthy of the highest order of protection. (2/3-CA13s1(A))

LA HF486

A bill for an act relating to fundamental parental rights.

LA SB2897

Fundamental rights of parents; codify.

LA SB303

Constitutional amendment to provide that the right to keep and bear arms is fundamental and shall not be infringed and any restrictions on this right shall be subject to a strict scrutiny standard by courts in determining any violation of the right. (2/3 - CA13s1(A))

LA HB1081

Parental rights; authorize fundamental to direct upbringing of children.

LA HCR1004

Fundamental Rights For Parents

LA HB1047

Parental rights; authorize fundamental to direct upbringing of children.

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