Proposing a constitutional amendment establishing the rights of parents to direct the upbringing of their children.
If enacted, HJR38 would significantly impact Texas state laws related to parental rights and child custody. It would create a constitutional guarantee for parents that their rights in raising their children cannot be infringed upon by state laws or local ordinances. This protection could potentially lead to challenges against existing laws perceived as limiting parental control, including regulations on education or healthcare decisions about children. Such a change might encourage more parents to advocate for their children's upbringing based on personal beliefs and preferences.
HJR38 is a joint resolution proposing an amendment to the Texas Constitution that establishes the rights of parents to direct the upbringing of their children. The amendment explicitly states that the liberty of a parent in directing their child's upbringing is a fundamental right, encompassing care, custody, control, education, moral and religious training, and medical care. This amendment is scheduled for submission to voters at an election on November 7, 2023, allowing for public input on this significant change to parental rights in Texas.
The sentiment surrounding HJR38 appears to be divided among legislators and the public. Proponents advocate for stronger parental rights and the freedom to make decisions regarding their children without state interference. They argue that this amendment supports family autonomy and protects children's welfare through parental guidance. In contrast, opponents raise concerns that such broad protections could hinder state efforts to protect children in cases of neglect or abuse and question whether the amendment might embed potentially harmful ideologies into governance.
Notable points of contention center on the implications of recognizing parental rights as a fundamental right in the state constitution. Critics fear that HJR38 could prioritize parental wishes over children's well-being in cases requiring intervention by child protective services. Furthermore, there are concerns about potential conflicts between parental rights and legal obligations in education, health care, and safeguarding children's rights. The bill has sparked a debate between advocates for parental authority and those prioritizing the role of the state in child welfare.