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HB148 INTRODUCED
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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
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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
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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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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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