This article has been updated since publication.
Lawmakers in the Texas House have approved a proposal that would enshrine parental rights in the state constitution.
State representatives passed Senate Joint Resolution 34, initially filed by State Sen. Bryan Hughes (R–Mineola), in a 112-22-2 vote on Wednesday.
The proposed constitutional amendment would specifically establish that parents—not the state—have an inherent right to the care, custody, and control of their children.
SJR 34 originally would have restricted interference by the state or a political subdivision unless necessary to further a compelling governmental interest and narrowly tailored to achieve that purpose.
In legal theory, compelling governmental interest refers to the ability of the government to temporarily limit individual rights “when it is essential or necessary” to achieve a specific public goal.
However, the version passed earlier this week removed that language.
The initial proposal was identical to House Joint Resolution 112, authored by State Reps. James Frank (R–Wichita Falls), Jeff Leach (R–Allen), and Giovanni Capriglione (R–Southlake).
Frank was also responsible for presenting the amended Senate version to House lawmakers this week.
“This amendment to the constitution would codify parental rights into the constitution and, importantly, will provide clarity for attorneys, judges, and parents to avoid costly trials and attorneys’ fees,” said Frank.
State Rep. Ana-María Rodríguez Ramos (D–Richardson) asked Frank if he could cite specific incidences of interferences with parental rights that have occurred in Texas.
“The folks that we are talking to … Justice [Eva] Guzman, Justice [Michael] Massengale, the Texas Family Freedom Project, the Alliance for Defending Freedom, the Texas Public Policy [Foundation], and the Family Law Foundation … thought this would make it easier for parents to access,” responded Frank.
SJR 34 would help codify the results of the United States Supreme Court case Troxel v. Glanville within Texas statute.
In the 2000 ruling, justices reaffirmed the rights of parents and struck down a Washington State law allowing third parties, such as a child’s grandparents, to petition state courts for child visitation rights over parental objections.
However, years after the decision was handed down, some states have forwarded legislation that could trample on parental rights. Most recently, the Colorado House of Representatives approved a measure authorizing judges to consider whether a parent has “misgendered” a child in custody determinations.
Jeremy Newman, director of public policy for the Texas Home School Coalition, told Texas Scorecard that SJR 34 would “make Texas the first state in the country to add parental rights directly into our constitution.”
“This is a priority because, currently, the constitutional rights of parents are found only in case law, which is controlled by judges. Those rights could disappear if we have bad judges who make it into office,” explained Newman.
“Adding parental rights to the Texas Constitution is a critical protection for these most foundational rights that families have, which are essential to the functioning of our society,” he added.
While senators already approved SJR 34 by a two-thirds majority in March, they will likely now have to create a conference committee to flesh out the changes.
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