Texas senators unanimously approved a constitutional amendment aimed at codifying existing common law on parental rights.
Senate Joint Resolution 34 by State Sen. Bryan Hughes (R-Mineola) seeks to enshrine in statute the inherent rights of parents to care for and make decisions about their children’s upbringing.
SJR 34 states that “A parent has the inherent right to exercise care, custody, and control of the parent’s child and to make decisions for the upbringing of the parent’s child.”
While parental rights have long been recognized under common law, which is based on judicial decisions rather than statutes, these rights are scattered across decades of case law, making them less accessible to many attorneys and judges.
By codifying these rights, the amendment aims to provide clarity and ensure that parents can make important decisions for their children without undue interference from the state.
Jeremy Newman, vice president of the Family Freedom Project, celebrated the passage of SJR 34.
“Parental rights are granted by God and are fundamental to the health and success of a culture,” Newman told Texas Scorecard. “SJR 34 ensures that those rights will continue for future generations. We commend the Texas Senate and Senator Bryan Hughes on passing it through the Senate today!”
When SJR 34 was considered in the State Affairs Committee, Newman said his organization often finds that attorneys and judges do not know parental rights common law.
“They’re not unclear if you know where to find them, but they’re spread in 100 years of case law,” testified Newman. “And most trial judges and most attorneys don’t look past the black letter law written in Texas law.”
Texans for Vaccine Choice supported SJR 34 for the impact it would have on codifying a parent’s right to make medical decisions for their minor children.
TFVC Political Director Michelle Evans testified that the amendment “would allow parents to make thoughtful and important medical decisions for their minor children without fear of retribution from the state and without their interference.”
The measure will now be sent to the House. If also approved by House lawmakers, it will be put to a statewide vote on November 4, 2025.
