Bahr: Bill will protect parents' rights to guide their children's education

(In his latest report, Rep. Kurt Bahr, R-St. Charles explains his parental rights legislation.)

Before the Missouri House of Representatives adjourned for spring break, we advanced two important bills protecting Parental Rights.
 
My Parental Rights Bill HB 1488 was passed out of committee this week.  HB 1488 specifies that the “liberty of a parent to direct the upbringing, education, and care of his or her child is a fundamental right.  Neither the state of Missouri nor any political subdivision of the state shall infringe on this right without demonstrating a compelling governmental interest.”  The term "compelling governmental interest" is strong legal language that has been recognized by the US Supreme Court since the 1920s.  Recently, however, activist judges have been diminishing the standard of interest the government must prove in order to infringe on the rights of a parent.  By putting this language in our state statutes, we will ensure that our State Judiciary will continue to protect parental rights and not redefine these rights per the discretion of a biased judge. 
 
This week HCS HJR 56 was sent to the Senate. Upon voter approval, this proposed constitutional amendment specifies that “parents have a fundamental right to exercise exclusive control over the care, custody, and upbringing of their minor children, including all decisions involving the discipline, education, religious instruction, health, medical care, place of habitation, and general well-being of the minor children. Parents have the right to choose to educate their children in public schools, private schools, or in-home education to prepare them for future obligations in life.”
 
The amendment prohibits the state from denying or impairing the fundamental right of parents to direct the upbringing, education, and care of their children. However, the right can be modified by a court when a parent has been found guilty of or pleads guilty to a crime of violence, neglect or any abuse against a child. These provisions cannot be construed to diminish the authority of law enforcement officers and courts to take necessary actions in emergency situations to protect the life, health, and safety of minor children, the courts to provide for the temporary custody of a child in emergency situations, the juvenile courts to assume jurisdiction over specified minor children; or courts to issue child protection orders for specified children.
 
If this bill passes the Senate, the voters will have an opportunity to weigh in on the subject and decide whether Parental Rights will be part of the Missouri State Constitution.