Amidst the political inferno that has been the 89th Texas Legislature, there is one proposal that is of profound importance to Texas parents and families.
The general aim of the proposal (which includes SJR 34, HJR 112, SJR 12, and HJR 155) is to amend the Texas Constitution to permanently establish the right of parents to raise and educate their children. The legislature’s bold action is necessitated by the unfortunate emergence of unrelenting efforts by various government agencies and political groups to sideline parents and raise children by government fiat.
HJR 112 is calendared in the House for May 12th and is identical to SJR 34, which has passed the Senate. Both joint resolutions recognize parents’ rights to raise their children, adopting language basically identical to that found in the U.S. Supreme Court case Troxell v. Glanville.
Of course, there are United States Supreme Court cases (like Troxell) and statutes that establish the fundamental right of parents to the care, custody, and control of their children.
However, case holdings and statutes are much easier to change, dilute, and eliminate than a constitutional provision.
Thus, there is a deep, foundational importance for firmly implanting the supreme authority of parents in relation to their children in our Texas Constitution. It preserves the parent-child relationship as an important political institution. In addition, a constitutional provision has the power to negate the totalitarian impulse found in government policies to treat children as mere creatures of the state.
This impulse is evidenced in the rhetoric of politicians like Hillary Clinton, who once proudly claimed, “It takes a village to raise a child.” It is also found in the actions of state agencies like public schools, which teach children values and ideas that the parents have not authorized.
One good recent example is that in several Texas school districts, school administrators introduced and failed to remove sexually explicit and patently offensive books from public school libraries. To preserve parents’ rights, the Texas Legislature has had to pass legislation and consider additional legislation to correct this outrageous abuse.
In the spring of 2024, President Biden’s Department of Education (Biden/DOE) attempted to require public schools to allow biological boys into girls’ restrooms and locker rooms. It did so through a truly “out of left-field” regulation that Title IX, a federal civil rights law originally designed to provide for girls’ school sports, meant that biological boys could also participate in girls’ sports.
Fortunately, federal district courts in Texas and other states enjoined the Biden/DOE parental rights-abusing effort.
Recent actions by government institutions in other states are even more alarming.
In the Colorado General Assembly, the House voted to authorize judges to consider whether a parent has misgendered a child in custody determinations. In a case recently argued before the United States Supreme Court (Mahmoud v. Taylor), the Montgomery County school district in Maryland claimed it was not required to allow parents to opt out of classes where young children were taught from books discussing gay marriage and other inappropriate subjects about sex and gender.
In each case, the point of the government action was to coerce parents and take away their right to raise and educate their children.
Apparently, some elements of the state arrogantly believe they know better than parents how best to raise a child. As U.S. Supreme Court Justice McReynolds argued over 100 years ago (Meyer v. Nebraska), the education and training of our children by the state to the exclusion of the parents is inconsistent with our institutions and the Constitution.
In my opinion, where the state separates the upbringing and education of children from parental control, the establishment of a totalitarian government is mostly accomplished.
Hopefully, the Texas Legislature and Governor Abbott will recognize that “school choice” and all other education reforms are only effective if parents are in charge.
As Justice Sandra Day O’Connor opined (Troxell v. Glanville), the right of parents to raise children is the oldest of the fundamental liberty interests recognized by the Court.
I would add that parental authority over children should be recognized as the premier institution maintaining our liberty.
The family unit formed by parents and children is the bedrock institution of our nation.
Centuries of experience have taught us that children are best raised and educated by parents who possess the actual knowledge and experience of each child’s needs.
In contrast to centralized child-rearing based upon the homogenized platitudes of conceited bureaucrats, parents transmit values to their children based on diverse beliefs, cultures, values, and experiences. This child-raising method is much more consistent with democratic ideals.
HJR 112 needs to be passed to preserve this. Please contact your state representative.
This is a commentary published with the author’s permission. If you wish to submit a commentary to Texas Scorecard, it must be no longer than 800 words. Send to: submission@texasscorecard.com
