The Bright Coast

Progressive Thoughts from San Diego Alums on Law, Politics, and Culture

Parental Rights Amendment

Posted by brightcoast on April 26, 2009

Link here. It’s interesting because section 1 seems to do nothing more than codify the holdings of Pierce v. Society of Sisters and Meyer v. Nebraska, both decided in the 20s, neither of which have been overturned. Presumably the arguable need for the Amendment would be that although those two cases held that parents have fairly extensive rights when it comes to deciding the educational route for their children, they are not guaranteed the same rights in other areas (e.g. public health). For example, I definitely do not know as much about this as I would like to, but I am under the impression that homeschooling in California by parents is not allowed, by statute. Meaning that unless you have some sort of teaching degree, or invite someone into your home to tutor your child, who has such credentials, you are violating truancy laws. Perhaps I shall investigate this once the tide of finals subsides, but suffice it to say, I am certain that parents would not be pushing for such an amendment unless they felt the current state of the law was inadequate to protect their interests.

I highly doubt it will get passed considering not only the incredibly arduous process of getting an amendment passed, but also for the main reason that current law, i.e. SCOTUS case law, states essentially the same thing; thus, many with the say so may find the amendment as superfluous if not redundant.


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