THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY TALLMAN, CLYMER, DENLINGER, HEFFLEY, METCALFE, PICKETT, SACCONE AND SWANGER, NOVEMBER 15, 2011

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, NOVEMBER 15, 2011  

A RESOLUTION

Memorializing the Senate of the United States to reject the

United Nations Convention on the Rights of the Child.

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;

therefore be it

RESOLVED, That the House of Representatives of the

Commonwealth of Pennsylvania urge the Senate of the United

States to reject the United Nations Convention on the Rights of

the Child; and be it further

RESOLVED, That copies of this resolution be transmitted to

the President of the United States Senate and both members of

the Senate from Pennsylvania.