Resolution-parents' rights.

WORKING DRAFT

ORIGINAL HOUSE
JOINT RESOLUTION
NO.
0003

ENROLLED JOINT RESOLUTION NO. 3, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING
2012 BUDGET SESSION

A JOINT RESOLUTION
requesting Congress submit to the states a proposed amendment to the United States Constitution prohibiting the infringement of parents' rights.

WHEREAS, the right of parents to direct the upbringing and education of
t
heir children is a fundamental right protected by the Constitution of the

U
nited States and the State of
Wyoming
; and

WHEREAS, our nation has historically relied first and foremost on parents to meet the real and constant needs of children; and

WHEREAS, the interests of children are best served when parents are free

to make child rearing decisions about education, religion and other areas of

a child's life without
government
interference; and

WHEREAS, the United States Supreme Court in Wisconsin v. Yoder (1972),

has held that "This primary role of the parents in the upbringing of their

children is now established beyond debate as an enduring American tradition"; and

WHEREAS,
subsequently
, the United States Supreme Court in Troxel v.

Granville (2000), produced six
(6)
different opinions on the nature and enforceability of parental rights under the United States Constitution; and

WHEREAS, this decision has created confusion and ambiguity about the

fundamental nature of parental rights in the laws and society of the several

states; and

WHEREAS, the United Nations Convention on the Rights of the Child has

been proposed and may soon be considered for
ratification by the United

States Senate, which would drastically alter this fundamental right of par
en
ts to direct the upbringing of their children; and

WHEREAS, this convention has already been acceded to by
one

hundred ninety-four (
194
)
nations

worldw
ide
; and

WHEREAS, Senator James DeMint of the s
tate of South Carolina and Rep
resentative Peter Hoekstra of the state of Michigan
i
ntroduced in the
first session of the 111th
United States Congress
, later reintroduced in the second session of the 111th United States Congress,
an amendment to the United States Constitution to prevent erosion of the enduring American tradition of treating parental rights as fundamental rights:

SECTION ONE. The liberty of parents to
direct the upbringing and educa
tion of their children is a fundamental right.

SECTION TWO. Neither the United States nor any state shall infringe upon

this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

SECTION THREE. No treaty may be adopted
nor shall any source of interna
tional law be employed to supersede, modify, interpret
,
or apply to the rights
guaranteed by this article.

WHEREAS, this amendment will add explicit text to the Constitution of

the United States to protect in perpetuity the rights of parents as they are now enjoyed, without substantive change to current state or federal laws respecting these rights; and

WHEREAS, such enumeration of these righ
ts in the text of the Constitu
tion will preserve them from being infringed upon by the shifting ideologies and interpretations of the United States Supreme Court; and

WHEREAS, such enumeration of these rights in the text of the Constitution will preserve them from being infringed upon by treaty or international

law.

NOW, THEREFORE, BE IT RESOLVED
BY
THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:

Section 1.
That

the Legislature of the
S
tate of
Wyoming
urge
s

the members of the United States Congress to propose the Parental Rights

Amendment to the states for ratification.

Section 2.
That the Secretary of State
of Wyoming transmit copies of this resolution to the President of the Senat
e
and the Speaker of the House of Representatives of Congress and members of the
Wyoming Congressional Delegation.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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