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HB148 • 2026

Fundamental rights of parents; provided for, constitutional amendment

Fundamental rights of parents; provided for, constitutional amendment

Children Education Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Paschal
Last action
2026-03-19
Official status
Read Second Time in House of Origin
Effective date
Not listed

Plain English Breakdown

The official source confirms the proposal requires voter approval via election under Sections 284 and 285 of the Alabama Constitution.

HB148: Parental Rights Constitutional Amendment

This bill proposes adding a new rule to the Alabama Constitution stating that parents have a basic right to direct their children's education, upbringing, care, custody, and control.

What This Bill Does

  • Proposes an amendment to the Constitution of Alabama of 2022.
  • States that each parent has a fundamental right to direct the education, upbringing, care, custody, and control of their child.
  • Requires the government to show it is acting for a compelling interest before limiting this parental right.
  • Limits the government to using only the least restrictive way possible if it must limit these rights.
  • Sets up an election where voters can approve or reject this proposed change.

Who It Names or Affects

  • Parents in Alabama
  • The state government and its agencies

Terms To Know

Fundamental right
A basic freedom that the law protects strongly.
Compelling governmental interest
An extremely important reason for the government to act, as required by this bill before limiting parental rights.
Least restrictive means
The method that limits a person's freedom the least while still solving the problem.

Limits and Unknowns

  • This bill only proposes an amendment; it does not become law until voters approve it in an election.
  • The text does not list specific examples of what actions would count as a burden on parents.
  • The effective date is unknown because the measure depends on voter approval.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

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Judiciary

Judiciary 1st Substitute

Plain English: This amendment would add a new rule to the Alabama Constitution stating that parents have a fundamental right to make decisions about their children's education, upbringing, care, and control.

  • It officially states in the state constitution that parents have the basic right to direct how they raise and educate their children.
  • It stops the government from making rules or laws that interfere with this parental right unless there is a very strong reason for doing so.
  • If the government tries to limit these rights, it must prove its action uses the least strict method possible to achieve its goal.
  • The text does not define exactly what counts as a 'compelling governmental interest' or give examples of when this rule would apply.
  • This change only happens if voters approve it in an election, so the new rules are not active yet.

Bill History

  1. 2026-03-19 House

    Read for the Second Time and placed on the Calendar

  2. 2026-03-18 House

    Reported Out of Committee House of Origin

  3. 2026-03-18 House

    Judiciary 1st Substitute

  4. 2026-01-13 House

    Pending Committee Action in House of Origin

  5. 2026-01-13 House

    Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

Fundamental rights of parents; provided for, constitutional amendment

Current Bill Text

Read the full stored bill text 
HB148 INTRODUCED
Page 0
HB148
HG17788-1
By Representative Paschal (Constitutional Amendment)
RFD: Judiciary
First Read: 13-Jan-26
PFD: 12-Jan-26
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HG17788-1 01/12/2026 GP (L)lg 2025-3668
Page 1
PFD: 12-Jan-26
SYNOPSIS:
Existing state statute enacted by the
Legislature in 2023 recognizes the fundamental rights
of parents to direct the education, upbringing, care,
and control of their children and references the
recognition of those parental rights by the Alabama
Supreme Court and the United States Supreme Court.
This bill would propose an amendment to the
Constitution of Alabama of 2022, to provide that: (i)
parents have a fundamental right to direct the
education, upbringing, care, custody, and control of
their children; and (ii) the government may not burden
that right unless the government demonstrates that the
burden as applied to the parent is in furtherance of a
compelling government interest and the government uses
the least restrictive means possible to further that
interest.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama
of 2022, to provide that parents have a fundamental right to
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HB148 INTRODUCED
Page 2
of 2022, to provide that parents have a fundamental right to
direct the education, upbringing, care, custody, and control
of their children; and to provide that the government may not
burden certain fundamental rights of parents.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a) Each parent has the fundamental right to direct the
education, upbringing, care, custody, and control of his or
her child.
(b) The government may not burden the fundamental right
of a parent to direct the education, upbringing, care,
custody, and control of his or her child unless the government
demonstrates that the application of the burden as applied to
the parent is in furtherance of a compelling governmental
interest and the government uses the least restrictive means
possible to further that interest.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
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HB148 INTRODUCED
Page 3
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. The appropriate election official shall assign a ballot
number for the proposed constitutional amendment on the
election ballot and shall set forth the following description
of the substance or subject matter of the proposed
constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to provide that each parent has a fundamental right
to direct the education, upbringing, care, custody, and
control of his or her children, and that the government may
not burden that fundamental right unless the government
demonstrates that the application of the burden as applied to
the parent is in furtherance of a compelling governmental
interest and uses the least restrictive means possible to
further that interest.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( ). "
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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