THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY TALLMAN, BOYD, CLYMER, COX, CREIGHTON, DALEY, DENLINGER, GABLER, GINGRICH, METCALFE, MOUL, PICKETT, READSHAW AND STERN, MARCH 1, 2011

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 1, 2011  

A RESOLUTION

Memorializing the Congress of the United States to pass the

Parental Rights Amendment and submit it to the states for

ratification.

WHEREAS, The right of parents to direct the upbringing and

education of their children is a fundamental right protected by

the Constitution of the United States; 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

state interference; and

WHEREAS, The United States Supreme Court, in Wisconsin v.

Yoder, 406 U.S. 205 (1972), held that "(t)his primary role of

the parents in the upbringing of their children is now

established beyond debate as an enduring American tradition";

and

WHEREAS, However, in Troxel v. Granville, 530 U.S. 57 (2000),

Supreme Court justices issued five concurring and dissenting

opinions on the nature and enforceability of parental rights

under the Constitution of the United States; and

WHEREAS, The decision in Troxel v. Granville has created

confusion and ambiguity about the fundamental nature of parental

rights in the laws and society of several states; and

WHEREAS, The United Nations Convention on the Rights of the

Child has been proposed and soon may be considered for

ratification by the United States Senate; and

WHEREAS, The United Nations Convention on the Rights of the

Child would drastically alter the fundamental right of parents

to direct the upbringing of their children; and

WHEREAS, The United Nations Convention on the Rights of the

Child has been acceded to by 192 nations worldwide and has been

cited by United States courts as "customary international law";

and

WHEREAS, International influence is being exerted on the

United States Supreme Court, as demonstrated in Roper v.

Simmons, 543 U.S. 551 (2005), in which it was expressed that

"the Court has referred to the laws of other countries and to

the international authorities as instructive for its

interpretation" of the Constitution of the United States; and

WHEREAS, H.J. Res. 42 was introduced in the United States

House of Representatives during the first session of the 111th

Congress to provide for an amendment to the Constitution of the

United States to prevent erosion of the enduring American

tradition of treating parental rights as fundamental rights, and

the legislation states:

"SECTION ONE: The liberty of parents to direct the upbringing

and education 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 international law be employed to supersede, modify,

interpret, or apply to the rights guaranteed by this article";

and

WHEREAS, This amendment will add explicit text to the

Constitution of the United States to forever protect the rights

of parents as they are now enjoyed, without substantive change

to current Federal or State laws respecting these rights; and

WHEREAS, The enumeration of these rights in the text of the

Constitution of the United States will preserve them from being

infringed upon by treaty or international law; therefore be it

RESOLVED, That the House of Representatives of the

Commonwealth of Pennsylvania urge the Congress of the United

States to pass the Parental Rights Amendment to the Constitution

of the United States and submit it to the states for

ratification; and be it further

RESOLVED, That the House of Representatives of the

Commonwealth of Pennsylvania affirm the Parental Rights

Amendment to the Constitution of the United States; and be it

further

RESOLVED, That copies of this resolution be transmitted to

the Speaker of the United States House of Representatives, to

the President of the United States Senate and each member of

Congress from Pennsylvania.