119-hr650

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 650 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 650

 To protect the right of parents to direct the upbringing of their 
 children as a fundamental right.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 23, 2025

 Ms. Foxx (for herself, Mr. Weber of Texas, Mr. Rose, Mrs. Miller of 
 Illinois, Mr. Bilirakis, Mr. Higgins of Louisiana, Mr. Guthrie, Mr. 
Finstad, Mr. Loudermilk, Mr. McCormick, and Mr. Haridopolos) introduced 
 the following bill; which was referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

 To protect the right of parents to direct the upbringing of their 
 children as a fundamental right.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Families' Rights and 
Responsibilities Act''.

SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

    (a) 

=== Findings ===
-Congress finds the following:

    (1) The nature of the parent-child relationship endows 
 parents with the primary responsibility and obligation to care 
 for their child.

    (2) From these responsibilities and obligations comes the 
 pre-political, natural right of parents to care for their 
 children.

    (3) The role of parents in the raising and rearing of their 
 children is of inestimable value and deserving of both praise 
 and protection by all levels of government.

    (4) This right as recognized in the traditions of western 
 civilization recognizes that parents have the responsibility to 
 love, nurture, raise, and protect their children.

    (5) The right encompasses the authority of parents to 
 direct the upbringing, education, and health care of their 
 children according to the dictates of their conscience, to 
 direct the upbringing, education, and health care of their 
 children in their own beliefs and religion, and to be the 
 primary decision maker for their child until the child reaches 
 adulthood.

    (6) The Supreme Court has consistently recognized the 
 primary role of parents in caring for children, concluding the 
 following:
        (A) ``[T]he child is not the mere creature of the 
 state; those who nurture him and direct his destiny 
 have the right, coupled with the high duty, to 
 recognize and prepare him for additional obligations.'' 
 Pierce v. Soc'y of the Sisters of the Holy Names of 
 Jesus & Mary, 268 U.S. 510, 535

    (1925) .
        (B) ``[I]t is the natural duty of the parent to 
 give his children education suitable to their station 
 in life.'' Meyer v. Nebraska, 262 U.S. 390, 400

    (1923) .
            (C) ``It is plain that the interest of a parent in 
 the companionship, care, custody, and management of his 
 or her children comes to this Court with a momentum for 
 respect lacking when appeal is made to liberties which 
 derive merely from shifting economic arrangements.'' 
 Stanley v. Illinois, 405 U.S. 645, 651

    (1972) .
            (D) ``The history and culture of Western 
 civilization reflect a strong tradition of parental 
 concern for the nurture and upbringing of their 
 children. This primary role of the parents in the 
 upbringing of their children is now established beyond 
 debate as an enduring American tradition.'' Wisconsin 
 v. Yoder, 406 U.S. 205, 232

    (1972) .
        (E) ``Our jurisprudence historically has reflected 
 Western civilization concepts of the family as a unit 
 with broad parental authority over minor children. Our 
 cases have consistently followed that course.'' Parham 
 v. J. R., 442 U.S. 584, 602

    (1979) .
        (F) ``We have recognized on numerous occasions that 
 the relationship between parent and child is 
 constitutionally protected.''Quilloin v. Walcott, 434 
 U.S. 246, 255

    (1978) .
        (G) The Supreme Court has explained that the 
 liberty specially protected by the Due Process Clause 
 includes the right ``to direct the education and 
 upbringing of one's children.'' Washington v. 
 Glucksberg, 521 U.S. 702, 720

    (1997) .
        (H) ``[W]e have recognized the fundamental right of 
 parents to make decisions concerning the care, custody, 
 and control of their children . . . In light of this 
 extensive precedent, it cannot now be doubted that the 
 Due Process Clause of the Fourteenth Amendment protects 
 the fundamental right of parents to make decisions 
 concerning the care, custody, and control of their 
 children.'' Troxel v. Granville, 530 U.S. 57, 66

    (2000) (plurality op.).
            (I) ``[T]he Due Process Clause does not permit a 
 State to infringe on the fundamental right of parents 
 to make child rearing decisions simply because a state 
 judge believes a `better' decision could be made.'' 
 Troxel, 530 U.S. at 72-73 (plurality op.).

    (7) Some decisions of Federal courts have failed to 
 recognize the fundamental right of parents, resulting in an 
 improper standard of judicial review being applied to 
 government conduct that adversely affects parental rights and 
 prerogatives.

    (8) Government agencies have increasingly intruded into the 
 legitimate decisions and prerogatives of parents in situations 
 that do not involve abuse or neglect but simply an agency's 
 disagreement with parenting choices based on decent and 
 honorable religious or philosophical premises.

    (9) Government's involvement in parenting should prioritize 
 the parent's role as the child's primary educator and should 
 support, not supplant, the parent's rights and 
 responsibilities.

    (10) Government should not interfere in the decisions and 
 actions of parents without compelling justification.

    (11) The strict scrutiny test used by courts to evaluate 
 cases concerning fundamental rights is the correct standard of 
 review for government actions that interfere with the right of 
 parents to direct the upbringing, education, and health care of 
 their children, and it appropriately balances the interests of 
 parents, children, and government.

    (b) 

=== Purposes ===
-The purposes of this Act are--

    (1) to protect the right of parents to direct the 
 upbringing of their children as a fundamental right; and

    (2) while protecting the right of parents, to acknowledge 
 that the rights involve responsibilities and specifically that 
 parents have the responsibility for the education, nurture, and 
 upbringing of their children as specified by the Supreme Court 
 in Meyer v. Nebraska, 262 U.S. 390, 400

    (1923) , Wisconsin v. 
 Yoder, 406 U.S. 205, 232

    (1972) , and Washington v. Glucksberg, 
 521 U.S. 702, 720

    (1997) , and have the high duty to recognize 
 and prepare their children for additional obligations as 
 specified by the Supreme Court in Pierce v. Soc'y of the 
 Sisters of the Holy Names of Jesus & Mary, 268 U.S. 510, 535

    (1925) .

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Government.--The term ``government'' includes a branch, 
 department, agency, instrumentality, and official (or other 
 person acting under color of law) of the United States, the 
 District of Columbia, the Commonwealth of Puerto Rico, and each 
 territory and possession of the United States.

    (2) Parent.--The term ``parent'' means a biological parent 
 of a child, an adoptive parent of a child, or an individual who 
 has been granted exclusive right and authority over the welfare 
 of a child under State law.

    (3) Child.--The term ``child'' means an individual who has 
 not attained 18 years of age.

    (4) Substantial burden.--The term ``substantial burden''--
        (A) means any action that directly or indirectly 
 constrains, inhibits, curtails, or denies the right of 
 parents to direct the upbringing, education, and health 
 care of their child or compels any action contrary to 
 the right of parents to direct the upbringing, 
 education, and health care of their child; and
        (B) includes withholding benefits, assessing 
 criminal, civil, or administrative penalties or 
 damages, or exclusion from governmental programs.

SEC. 4. PROTECTION OF PARENTAL RIGHTS.

    (a) In General.--

    (1) Fundamental right.--The liberty of parents to direct 
 the upbringing, education, and health care of their children is 
 a fundamental right.

    (2) Limits on government interference.--Government shall 
 not substantially burden the fundamental right of parents to 
 direct the upbringing, education, and health care of their 
 children without demonstrating that the infringement is 
 required by a compelling governmental interest of the highest 
 order as applied to the parent and the child and is the least 
 restrictive means of furthering that compelling governmental 
 interest. The fundamental rights protected include, without 
 limitation, the following rights and responsibilities:
        (A) To direct the education of the child.
        (B) To direct the moral or religious upbringing of 
 the child.
            (C) To access and review all medical records of the 
 child and to make and consent to all physical and 
 mental health care decisions for the child.

    (3) Effect of this act on other rights.--Unless legally 
 waived or legally terminated, parents have inalienable rights 
 that are more comprehensive than those listed in this section. 
 This Act does not prescribe all rights of parents, nor does it 
 preempt or foreclose claims or remedies in support of parental 
 rights that are available under any other Federal law, State 
 law, the United States Constitution, or a State constitution.

    (b) Exceptions.--This section does not apply to a parental action 
or decision that would result in serious physical injury to the child 
or that would end life.
            (c) Judicial Remedy.--Any parent may raise a violation of this Act 
as a claim or a defense in an action in a Federal or State court or 
before an administrative tribunal and obtain appropriate relief against 
a government. Standing to assert a claim or defense under this section 
shall be governed by the general rules of standing under article III of 
the Constitution.

SEC. 5. ATTORNEYS FEES.

    (a) Judicial Proceedings.--

Section 722

    (b) of the Revised Statutes 
(42 U.S.C. 1988

    (b) ) is amended by inserting ``the Families' Rights and 
Responsibilities Act,'' before ``title VI of the Civil Rights Act of 
1964''.

    (b) Administrative Proceedings.--

Section 504

    (b)

    (1)
            (C) of title 5, 
United States Code, is amended by striking ``the Religious Freedom 
Restoration Act of 1993'' and inserting ``any adjudication under the 
Religious Freedom Restoration Act of 1993 or the Families' Rights and 
Responsibilities Act''.

SEC. 6. APPLICABILITY.

    (a) In General.--This Act applies to each Federal law, and the 
implementation of any such law, whether statutory or otherwise, and 
whether adopted before or after the date of enactment of this Act.

    (b) Rule of Construction.--

    (1) Additional rights.--The protections of the fundamental 
 right of parents to direct the upbringing, education, and 
 health care of their children afforded by this Act are in 
 addition to the protections provided under Federal law, State 
 law, and the State and Federal constitutions.

    (2) Broad protection.--This Act shall be construed in favor 
 of a broad protection of the fundamental right of parents to 
 direct the upbringing, education, and health care of their 
 children.

    (3) No government burden.--Nothing in this Act shall be 
 construed to authorize any government to burden the fundamental 
 right of parents to direct the upbringing, education, and 
 health care of their children.

    (4) Subsequently enacted laws.--Federal statutory law 
 adopted after the date of the enactment of this Act is subject 
 to this Act, unless such law explicitly excludes such 
 application by reference to this Act.
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