Minnesota Legislature
HF 950
as introduced - 87th Legislature (2011 - 2012) Posted on 03/07/2011 10:12am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1A resolution
1.2urging the members of the United States Congress to propose the Parental Rights
1.3Amendment to the Constitution of the United States relating to parental rights.
1.4WHEREAS, the right of parents to direct the upbringing and education of their children
1.5is a fundamental right protected by the Constitutions of the United States and the State of
1.6Minnesota; and
1.7WHEREAS, our nation has historically relied first and foremost on parents to meet the
1.8real and constant needs of their children; and
1.9WHEREAS, the interests of children are best served when parents are free to make
1.10child rearing decisions about education, religion, and other areas of a child's life without state
1.11interference; and
1.12WHEREAS, the United States Supreme Court in Wisconsin v. Yoder (1972) held that this
1.13primary role of parents in the upbringing of their children is now established beyond debate as an
1.14enduring American tradition; and
1.15WHEREAS, the United States Supreme Court in Troxel v. Granville (2000) produced six
1.16different opinions on the nature and enforceability of parental rights under the United States
1.17Constitution; and
1.18WHEREAS, that decision has created confusion and ambiguity about the fundamental
1.19nature of parental rights in the laws and society of the several states; and
2.1WHEREAS, the United Nations Convention on the Rights of the Child, has been proposed
2.2and may soon be considered for ratification by the United States Senate, which would drastically
2.3alter this fundamental right of parents to direct the upbringing of their children; and
2.4WHEREAS, this convention, has been acceded to by 192 nations worldwide, and has
2.5already been cited by United States courts as customary international law; and
2.6WHEREAS, international influence is being exerted on the United States Supreme Court,
2.7as demonstrated in Roper v. Simmons (2005), where the court referred to the laws of other
2.8countries and to the international authorities as instructive for its interpretation of the United
2.9States Constitution; and
2.10WHEREAS, Senator James DeMint of the State of South Carolina and Representative Jeff
2.11Fortenberry of the State of Nebraska have introduced in the United States Congress the following
2.12amendment to the United States Constitution to prevent erosion of the enduring American
2.13tradition of treating parental rights as fundamental rights:
2.14Section 1: The liberty of parents to direct the upbringing and education of their children is
2.15a fundamental right.
2.16Section 2: Neither the United States nor any state shall infringe upon this right without
2.17demonstrating that its governmental interest as applied to the person is of the highest order
2.18and not otherwise served.
2.19Section 3: No treaty may be adopted nor shall any source of international law be employed
2.20to supersede, modify, interpret, or apply to the rights guaranteed by this article;
2.21WHEREAS, this amendment will add explicit text to the Constitution of the United States
2.22to forever protect the rights of parents as they are now enjoyed, without substantive change to
2.23current state or federal laws respecting these rights; and
2.24WHEREAS, the enumeration of these rights in the text of the Constitution will preserve
2.25them from being infringed upon by the shifting ideologies and interpretations of the United
2.26States Supreme Court; and
2.27WHEREAS, the enumeration of these rights in the text of the Constitution will preserve
2.28them from being infringed upon by treaty or international law; NOW, THEREFORE,
2.29NOW, THEREFORE, BE IT RESOLVED by the Legislature of the State of Minnesota
2.30that it affirms the Parental Rights Amendment to the United States Constitution as presented
3.1to the United States Congress by Senator James DeMint of the State of South Carolina and
3.2Representative Jeff Fortenberry of Nebraska.
3.3BE IT FURTHER RESOLVED, that it urges the members of Minnesota's Congressional
3.4delegation to support the proposed Amendment by cosponsoring H.J. Res. 42 in the United States
3.5House of Representatives or S.J. Res. 16 in the United States Senate, as appropriate.
3.6BE IT FURTHER RESOLVED that it urges the members of the United States Congress to
3.7propose the Amendment to the Constitution of the United States to the states for ratification.
3.8BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
3.9directed to prepare copies of this memorial and transmit them to the President and the Secretary of
3.10the United States Senate, the Speaker and the Clerk of the United States House of Representatives,
3.11and Minnesota's Senators and Representatives in Congress.
1.2urging the members of the United States Congress to propose the Parental Rights
1.3Amendment to the Constitution of the United States relating to parental rights.
1.4WHEREAS, the right of parents to direct the upbringing and education of their children
1.5is a fundamental right protected by the Constitutions of the United States and the State of
1.6Minnesota; and
1.7WHEREAS, our nation has historically relied first and foremost on parents to meet the
1.8real and constant needs of their children; and
1.9WHEREAS, the interests of children are best served when parents are free to make
1.10child rearing decisions about education, religion, and other areas of a child's life without state
1.11interference; and
1.12WHEREAS, the United States Supreme Court in Wisconsin v. Yoder (1972) held that this
1.13primary role of parents in the upbringing of their children is now established beyond debate as an
1.14enduring American tradition; and
1.15WHEREAS, the United States Supreme Court in Troxel v. Granville (2000) produced six
1.16different opinions on the nature and enforceability of parental rights under the United States
1.17Constitution; and
1.18WHEREAS, that decision has created confusion and ambiguity about the fundamental
1.19nature of parental rights in the laws and society of the several states; and
2.1WHEREAS, the United Nations Convention on the Rights of the Child, has been proposed
2.2and may soon be considered for ratification by the United States Senate, which would drastically
2.3alter this fundamental right of parents to direct the upbringing of their children; and
2.4WHEREAS, this convention, has been acceded to by 192 nations worldwide, and has
2.5already been cited by United States courts as customary international law; and
2.6WHEREAS, international influence is being exerted on the United States Supreme Court,
2.7as demonstrated in Roper v. Simmons (2005), where the court referred to the laws of other
2.8countries and to the international authorities as instructive for its interpretation of the United
2.9States Constitution; and
2.10WHEREAS, Senator James DeMint of the State of South Carolina and Representative Jeff
2.11Fortenberry of the State of Nebraska have introduced in the United States Congress the following
2.12amendment to the United States Constitution to prevent erosion of the enduring American
2.13tradition of treating parental rights as fundamental rights:
2.14Section 1: The liberty of parents to direct the upbringing and education of their children is
2.15a fundamental right.
2.16Section 2: Neither the United States nor any state shall infringe upon this right without
2.17demonstrating that its governmental interest as applied to the person is of the highest order
2.18and not otherwise served.
2.19Section 3: No treaty may be adopted nor shall any source of international law be employed
2.20to supersede, modify, interpret, or apply to the rights guaranteed by this article;
2.21WHEREAS, this amendment will add explicit text to the Constitution of the United States
2.22to forever protect the rights of parents as they are now enjoyed, without substantive change to
2.23current state or federal laws respecting these rights; and
2.24WHEREAS, the enumeration of these rights in the text of the Constitution will preserve
2.25them from being infringed upon by the shifting ideologies and interpretations of the United
2.26States Supreme Court; and
2.27WHEREAS, the enumeration of these rights in the text of the Constitution will preserve
2.28them from being infringed upon by treaty or international law; NOW, THEREFORE,
2.29NOW, THEREFORE, BE IT RESOLVED by the Legislature of the State of Minnesota
2.30that it affirms the Parental Rights Amendment to the United States Constitution as presented
3.1to the United States Congress by Senator James DeMint of the State of South Carolina and
3.2Representative Jeff Fortenberry of Nebraska.
3.3BE IT FURTHER RESOLVED, that it urges the members of Minnesota's Congressional
3.4delegation to support the proposed Amendment by cosponsoring H.J. Res. 42 in the United States
3.5House of Representatives or S.J. Res. 16 in the United States Senate, as appropriate.
3.6BE IT FURTHER RESOLVED that it urges the members of the United States Congress to
3.7propose the Amendment to the Constitution of the United States to the states for ratification.
3.8BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
3.9directed to prepare copies of this memorial and transmit them to the President and the Secretary of
3.10the United States Senate, the Speaker and the Clerk of the United States House of Representatives,
3.11and Minnesota's Senators and Representatives in Congress.