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05/14/2024 10:35 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20230&cosponId=38668
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: December 14, 2022 12:35 PM
From: Senator Doug Mastriano
To: All Senate members
Subject: Establishing a Parental Rights Statute
 
In the near future, I will reintroduce legislation to enumerate the rights of parents and legal guardians to direct the upbringing, education, and health care of their child.

Presently, Pennsylvania does not have a state statute that explicitly defines and protects parental rights as fundamental rights. 12 other states currently recognize these rights in statute.

My legislation will make it clear that the Commonwealth or any of its political subdivisions may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child.

It’s important to note that nothing in this bill will authorize a parent of a minor child in the Commonwealth to engage in conduct that is unlawful, or to abuse or neglect his or her minor child in violation of current laws.

A parental rights statute is significant in that it will prevent parental rights from being eroded through hostile court actions in the future and prevent the courts from ruling parental rights as “ordinary” rights. When rights are considered “ordinary,” government bureaucrats have more leeway in overriding the decisions of parents.

This statute is needed now more than ever after we have witnessed the constant eroding of parental rights over the past three years. We saw instances where parents were labeled as domestic terrorists simply for advocating for what they felt was best for their child. We saw parents kept out of the loop by school administrators regarding the mental health of their own children. We saw schools shuttered and parents left without in person learning alternatives.

My legislation will provide parents the legal protection they need when bureaucrats attempt to overrule their voice. When it comes to raising children, parents know better than the government.

Co-sponsors from last session include Senators PHILLIPS-HILL, J. WARD and BROOKS

Please consider co-sponsoring this important legislation. If you have any questions regarding this bill, please contact Joshua Herman in my office at jherman@pasen.gov