S.C.R. NO.














affirming the parental rights amendment to the united states constitution and urging the united states congress to propose this constitutional amendment 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 Constitutions of the United States (U.S.) and the State of Hawaii; and


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


     WHEREAS, the interests of children are best served when parents are free to make childrearing decisions about education, religion, and other areas of a child's life without government interference; and


     WHEREAS, the U.S. Supreme Court held in Wisconsin v. Yoder (1972) that the "primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition"; and


     WHEREAS, however, the U.S. Supreme Court in Troxel v. Granville (2000) produced six differing opinions on the nature and enforceability of parental rights under the U.S. Constitution; and


     WHEREAS, the decision in Troxel v. Granville has created confusion and ambiguity about the fundamental nature of parental rights in the laws and societies of the several states; and


     WHEREAS, Representative Peter Hoekstra of Michigan has introduced in the U.S. House of Representatives the following as an amendment to the U.S. Constitution to prevent the erosion of the long-standing American tradition of treating parental rights as fundamental rights:


     "Section 1:  The liberty of parents to direct the upbringing and education of their children is a fundamental right.


     Section 2:  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 3:  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." (Parental Rights Amendment); and


     WHEREAS, this amendment will explicitly add provisions to the U.S. Constitution to protect in perpetuity the rights of parents as they are now enjoyed, without substantively changing current state or federal laws regarding these rights; and


     WHEREAS, such enumeration of these rights in the U.S. Constitution will preserve them from being infringed upon by the shifting ideologies and interpretations of the U.S. Supreme Court; now, therefore,


     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that affirms the Parental Rights Amendment to the U.S. Constitution, introduced in Congress by Representative Peter Hoekstra of Michigan; and


     BE IT FURTHER RESOLVED that the Senate urges Congress to propose the Parental Rights Amendment to the states for ratification; and
     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the U.S., President Pro Tempore of the U.S. Senate, Speaker of the U.S. House of Representatives, state legislative bodies of each of Hawaii's sister states, Parental Rights Organization, and Generation Joshua in Hawaii.









Report Title: 

Parental Rights Amendment; U.S. Constitution