skip to main content

House Subcommittee Holds Hearing on Parental Rights

On September 9, the House Judiciary Subcommittee on the Constitution and Civil Justice held a hearing, “Hearing: Proposing an Amendment to the Constitution of the United States Relating to Parental Rights.”

Catherine Ross, professor of Law, George Washington University Law School, stated, “Most of the [Supreme Court] cases [on parental rights] do not involve the subject matter of the amendment, which focuses on conflicts between the government and families. Instead, the bulk of the 24 cases involve intra-family disputes over custody and visitation. Moreover, many of them stand for the principle that parents have fundamental rights to the custody and control of their children.” She continued, “There is a serious risk that courts would interpret this language [in the proposed amendment] on its face to bar abortions (and, perhaps, some forms of contraception) if state or federal statutes define ‘life’ to include fetuses at stages of development during which women currently have a constitutional right to control their own bodies. Such a dramatic shift in our understanding of individual rights should not be accomplished by stealth.”

Wendy Wright, vice president, Center for Family and Human Rights, stated, “Opinions from international sources are being crafted and used to override Americans’ deeply-held beliefs and rights regarding children and parents…No other institution or individual can replace a mom or dad. The child’s-rights approach predominant in international discussions undermines parental rights – and thus harms children, families, and societies.” She continued, “Recently, the [UN Treaty] Committee on the Rights of the Child said Catholic teaching on abortion violates the human rights of girls…The committee also adopted an analysis to drive their decision-making (General Comment 15) stating children (defined as ages 1 – 18 years old in the treaty) have sexual and reproductive rights and should be able to receive services without parental consent. This is especially troubling to the US with our federal system that recognizes states’ authority on family issues.”

Michael Farris, chairman, Home School Legal Defense Association, also testified.