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H.J.R. 5
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8 LONG TITLE
9 General Description:
10 This joint resolution of the Legislature urges Congress to propose the Parental Rights
11 Amendment to the states for ratification.
12 Highlighted Provisions:
13 This resolution:
14 . urges the United States Congress to propose the Parental Rights Amendment to the
15 United States Constitution for ratification by the states.
16 Special Clauses:
17 None
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19 Be it resolved by the Legislature of the state of Utah:
20 WHEREAS, the right of parents to direct the upbringing and education of their children
21 is a fundamental right protected by the constitutions of the United States and the state of Utah;
22 WHEREAS, this nation has historically relied first and foremost on parents to meet the
23 real and constant needs of children;
24 WHEREAS, the interests of children are best served when parents are free to make
25 childrearing decisions about education, religion, and other areas of a child's life without state
26 interference;
27 WHEREAS, the United States Supreme Court, in Wisconsin v. Yoder, 406 U.S. 205
28 (1972), has held that "This primary role of the parents in the upbringing of their children is now
29 established beyond debate as an enduring American tradition.";
30 WHEREAS, however, the United States Supreme Court, in Troxel v. Granville, 530
31 U.S. 57 (2000), produced six different opinions on the nature and enforceability of parental
32 rights under the United States Constitution;
33 WHEREAS, the Troxel decision has created confusion and ambiguity regarding the
34 fundamental nature of parental rights in the laws and society of the several states;
35 WHEREAS, the United States Convention on the Rights of the Child has been
36 proposed and may soon be considered for ratification by the United States Senate, which could
37 drastically alter this fundamental right of parents to direct the upbringing of their children;
38 WHEREAS, this convention has already been acceded to by 192 nations worldwide,
39 and has already been cited by United States courts as an example of "customary international
40 laws";
41 WHEREAS, international influence is being exerted on the United States Supreme
42 Court, as demonstrated in Roper v. Simmons, 543 U.S. 551 (2005), where "the Court has
43 referred to the laws of other countries and to the international authorities as instructive for its
44 interpretation" of the United States Constitution;
45 WHEREAS, Senator James DeMint of the state of South Carolina, and Representative
46 Peter Hoekstra of the state of Michigan have introduced in the United States Congress an
47 amendment to the United States Constitution to prevent erosion of the enduring American
48 tradition of treating parental rights as fundamental rights, as follows:
49 "SECTION ONE: The liberty of parents to direct the upbringing and education of their
50 children is a fundamental right.
51 SECTION TWO: Neither the United States nor any State shall infringe upon this right
52 without demonstrating that its governmental interest as applied to the person is of the highest
53 order and not otherwise served.
54 SECTION THREE: No treaty may be adopted nor shall any source of international law
55 be employed to supercede, modify, interpret, or apply to the rights guaranteed by this article";
56 WHEREAS, this amendment will add explicit text to the United States Constitution to
57 protect, in perpetuity, the rights of parents as they are now enjoyed, without substantive change
58 to current state or federal laws respecting these rights;
59 WHEREAS, the enumeration of these rights in the text of the constitution will preserve
60 them from being infringed upon by the shifting ideologies and interpretations of the United
61 States Supreme Court; and
62 WHEREAS, the enumeration of these rights in the text of the constitution will preserve
63 them from being infringed upon by treaty or international law:
64 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
65 supports the Parental Rights Amendment to the United States Constitution, as presented to the
66 United States Congress by Senator James DeMint of the state of South Carolina and
67 Representative Peter Hoekstra of the state of Michigan, and as referenced herein.
68 BE IT FURTHER RESOLVED that the Legislature of the state of Utah urges the
69 members of the United States Congress to propose the Parental Rights Amendment to the
70 states for ratification.
71 BE IT FURTHER RESOLVED that a copy of this resolution be sent to each member of
72 the United States Senate, to each member of the United States House of Representatives, and to
73 the clerk or secretary of the legislative bodies of each of the several states.
Legislative Review Note
as of 3-2-12 9:10 AM