Parental Rights Presentation

Parental Rights Amendment
When parents lose the right to

teach their children their own
values, beliefs, traditions and culture…
individual freedom of thought
and expression will cease and the
ability to self-govern will vanish.
Why do we need the PRA?
• Judicial decisions are eroding traditional
parental rights standards.
• International law on children’s rights threatens
to trample America’s traditional rules on
children and families.
Judicial Erosion
• The most recent constitutional decision related
to parental rights is Troxel v. Granville, 530 U.S.
57 (2000).
• 6 separate opinions regarding parental rights.
Judicial Erosion
• Only one justice (Justice Thomas) held that
parental rights were fundamental and used the
traditional, highest standard test.
• Justice Scalia held that until parental rights are
in the Constitution, there is no protection at all.
Judicial Erosion
• Since Troxel, lower federal courts have, with
near unanimity, refused to apply the traditional
protections for parental rights as a fundamental
right.
• These decisions are premised on the fact that 8
of the 9 justices on the Supreme Court in 2000
refused to employ the traditional test.
The Threat of International Law
• The Obama Administration and their friends in
the Senate believe this is the time to ratify the
UN Convention on the Rights of the Child.
• Federal Courts have already begun to use the
UNCRC to interpret or control American legal
principles on children and families.
The American Public Rejects
Domestic Use of International Law
• When asked if they wanted American judges
to use American law alone or to also consider
international law in making decisions, the
American public rejects the idea of using
international law for these purposes by a
margin of 68% to 20% (12% undecided).
Two Basic Reasons For
Amending the Constitution
• Preserve Our Law
▫ The Bill of Rights preserved existing freedoms
• Change Existing Law

▫ The 13th Amendment changed the law by banning
slavery
Parental Rights Amendment
Follows Pattern of Bill Of Rights
• The Parental Rights Amendment is designed to
preserve the time-honored principles of parental
rights. It simply moves parental rights from an
implied right into the actual text of the
Constitution.
Section 1
• “The liberty of parents to direct the upbringing
and education of their children is a fundamental
right.”
Section 1-Background
• Faithfully follows the words of Pierce v. Society
of Sisters, 268 U.S. 510 (1925).
• It is important to use time-honored phrases to
maximize coherent interpretation.
Section 2
• “Neither the United States nor any State shall
infringe upon this right without demonstrating
that its governmental interest as applied to the
person is of the highest order and not otherwise
served.”
• Carefully follows Wisconsin v. Yoder, 406 U.S.
205 (1972)
• Parental rights are fundamental, but not
absolute
• Evidence is required to overcome any parent’s
rights
• Child abuse and neglect are illegal today, and
will continue to be illegal under the PRA
• Yoder is a careful and family-friendly version of
the balancing principle
Section 3
• “No treaty may be adopted nor shall any source
of international law be employed to supersede,
modify, interpret, or apply to the rights
guaranteed by this article.”
• Stops treaties from being made on this subject
• Stops the use of international law to “interpret”
our rights
• Even international courts cannot use their
“normal” rule that treaty obligations override all
forms of national law
Equipping Leaders to Answer
“Conservative” Questions
Answering “Conservative” Questions
• Q: Won’t the PRA transfer jurisdiction from the
States to Congress?
• A: No! Unlike many amendments, there is no
section which gives Congress enforcement
power. The PRA does not “federalize” parental
rights—it constitutionalizes parental rights. It
stops all levels of government from invading the
family.
• Q: Shouldn’t we just enact state laws or
constitutional provisions to protect parental
rights?
• A: Under Article VI of the Constitution, treaties
trump state laws and state constitutions. Thus,
the only way to protect state laws on the family
from the threat of international law is through
section 3 of the PRA. Only the Constitution
overrides treaties.
• Q: Isn’t the term “fundamental right” a modern
invention?
• A: In the debates over the Constitution, Richard
Henry Lee wrote in Letters to a Federal Farmer:
“All parties apparently agree, that the freedom of
the press is a fundamental right, and ought
not to be restrained by any taxes, duties, or in
any manner whatever.” (Jan. 20, 1788).
• Q: If our rights come from God and are
inalienable, don’t we violate the spirit of the
American founding by putting our rights in a
government document?
• A: The answer comes from the text of the
Declaration of Independence: (next slide). The
very purpose of government was to secure our
inalienable rights.
Declaration of Independence
• We hold these truths to be self-evident, that all
men are created equal, that they are endowed by
their Creator with certain unalienable Rights,
that among these are Life, Liberty and the
pursuit of Happiness. That to secure these
rights, Governments are instituted among
Men, deriving their just powers from the
consent of the governed…
• Q: Doesn’t the Tenth Amendment protect our
rights?
• The Tenth Amendment has never been used as a
source of protection for parental rights.
• According to the Supreme Court, treaties
override the 10th Amendment. (See next slide).
Treaties and the 10th Amendment
• “To the extent that the United States can validly
make treaties, the people and the States have
delegated their power to the National
Government and the Tenth Amendment is no
barrier.” Reid v. Covert, 354 U.S. 1, 18 (1957).
• Even if we disagree with this holding, we must
recognize the perils we face from existing
judicial decisions.
Comparing Gun Rights and
Parental Rights
• Where would our rights as gun owners be today
without the Second Amendment?
• Where will parental rights be in 20 years without
the Parental Rights Amendment?
• Both amendments are necessary to stop
governmental encroachment on fundamental
rights.
What You Can Do to
Support the Amendment
• Endorse the amendment
• Publicize the Amendment
• Promote the 10 and 2 plan
• Link to www.parentalrights.org
What You Can Do to
Support the Amendment
• Have PRO material available at functions

• Re-post key articles and updates
• Write letters to congressman and senators
• Hold a petition drive
Understanding the
Amendment Process
• 290 votes in the House
• 67 votes in the Senate
• No presidential signature required
• Majority vote in 38 state legislatures
Is this politically possible?
Challenging Factors:
• This is the hardest task in politics
• The political climate in Washington is
unfavorable in the extreme
• The threat to parental rights is not widely
understood
Is this politically possible?
Encouraging Factors:
• The public is overwhelmingly on our side
• The support for our position is truly bipartisan at
the grassroots level
• We have new methods of social networking and
communication that makes a grassroots effort
viable
• Efforts to protect parental rights have been
singularly blessed by God in the last 25 years
Want to know more?
• Find supplemental materials on-line at
www.parentalrights.org
What would it take to win?
• If we have 4 million people who will consistently
call their representatives and senators in
Washington…
• If this team of 4 million will later urge their state
legislators to ratify the Amendment…
…WE WIN!!
Understanding our central task
• We need to build a team of 4 million activists
• All other tasks are steps to that goal
Act now!
• In the mid-1990s, America’s social conservative
leaders were warned about the threat of same-
sex marriage. They decided to “wait until the
problem is acute” to take action.
• Will we wait until the problem is acute to take
action to protect parental rights?
• Will it be too late?

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Parental Rights Amendment

When parents lose the right to

• Change Existing Law

• Have PRO material available at functions

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