Legis Daily

Families’ Rights and Responsibilities Act

USA119th CongressS-204| Senate 
| Updated: 1/23/2025
Tim Scott

Tim Scott

Republican Senator

South Carolina

Cosponsors (5)
Jim Banks (Republican)Kevin Cramer (Republican)James Lankford (Republican)John Kennedy (Republican)John Barrasso (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation aims to protect the fundamental right of parents to direct the upbringing, education, and health care of their children. It asserts that parents hold the primary responsibility and a natural right to care for their children, encompassing the authority to make decisions according to their conscience, beliefs, and religion until adulthood. This parental role is deemed of immense value and warrants protection from all levels of government. The bill mandates that government cannot "substantially burden" this fundamental parental right without demonstrating a compelling governmental interest of the highest order and employing the least restrictive means . A "substantial burden" is broadly defined to include actions that constrain, inhibit, or deny parental rights, or compel contrary actions, such as withholding benefits or assessing penalties. Specific protected rights include directing a child's education, moral or religious upbringing, and making all physical and mental health care decisions. Congressional findings indicate that some federal court decisions and government agency actions have improperly intruded upon parental rights, even without involving abuse or neglect. This Act clarifies that the strict scrutiny test is the appropriate standard for judicial review of government actions affecting these rights. Parents are granted a judicial remedy to raise violations as claims or defenses in court, with provisions for attorney's fees, unless the parental action would result in serious physical injury or end life. The legislation applies broadly to all federal laws and requires a construction that broadly protects parental rights.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 118-3571
Families’ Rights and Responsibilities Act
Jan 23, 2025

Latest Companion Bill Action

HR 119-650
Introduced in House
Jan 23, 2025
Introduced in Senate
Jan 23, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-3571
    Families’ Rights and Responsibilities Act


  • January 23, 2025

    Latest Companion Bill Action

    HR 119-650
    Introduced in House


  • January 23, 2025
    Introduced in Senate


  • January 23, 2025
    Read twice and referred to the Committee on the Judiciary.

Families

Related Bills

  • HR 119-650: Families’ Rights and Responsibilities Act
Child care and developmentChild healthCivil actions and liabilityElementary and secondary educationFamily relationshipsHealth information and medical recordsLegal fees and court costsReligion

Families’ Rights and Responsibilities Act

USA119th CongressS-204| Senate 
| Updated: 1/23/2025
This legislation aims to protect the fundamental right of parents to direct the upbringing, education, and health care of their children. It asserts that parents hold the primary responsibility and a natural right to care for their children, encompassing the authority to make decisions according to their conscience, beliefs, and religion until adulthood. This parental role is deemed of immense value and warrants protection from all levels of government. The bill mandates that government cannot "substantially burden" this fundamental parental right without demonstrating a compelling governmental interest of the highest order and employing the least restrictive means . A "substantial burden" is broadly defined to include actions that constrain, inhibit, or deny parental rights, or compel contrary actions, such as withholding benefits or assessing penalties. Specific protected rights include directing a child's education, moral or religious upbringing, and making all physical and mental health care decisions. Congressional findings indicate that some federal court decisions and government agency actions have improperly intruded upon parental rights, even without involving abuse or neglect. This Act clarifies that the strict scrutiny test is the appropriate standard for judicial review of government actions affecting these rights. Parents are granted a judicial remedy to raise violations as claims or defenses in court, with provisions for attorney's fees, unless the parental action would result in serious physical injury or end life. The legislation applies broadly to all federal laws and requires a construction that broadly protects parental rights.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 118-3571
Families’ Rights and Responsibilities Act
Jan 23, 2025

Latest Companion Bill Action

HR 119-650
Introduced in House
Jan 23, 2025
Introduced in Senate
Jan 23, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-3571
    Families’ Rights and Responsibilities Act


  • January 23, 2025

    Latest Companion Bill Action

    HR 119-650
    Introduced in House


  • January 23, 2025
    Introduced in Senate


  • January 23, 2025
    Read twice and referred to the Committee on the Judiciary.
Tim Scott

Tim Scott

Republican Senator

South Carolina

Cosponsors (5)
Jim Banks (Republican)Kevin Cramer (Republican)James Lankford (Republican)John Kennedy (Republican)John Barrasso (Republican)

Judiciary Committee

Families

Related Bills

  • HR 119-650: Families’ Rights and Responsibilities Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Child care and developmentChild healthCivil actions and liabilityElementary and secondary educationFamily relationshipsHealth information and medical recordsLegal fees and court costsReligion