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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY TALLMAN, BOYD, CLYMER, DALEY, DENLINGER, GROVE, MOUL, PICKETT, ROCK, ROHRER, STERN AND SWANGER, MAY 12, 2010 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MAY 12, 2010 |
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| A RESOLUTION |
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1 | Memorializing the Congress of the United States to pass the |
2 | Parental Rights Amendment and submit it to the states for |
3 | ratification. |
4 | WHEREAS, The right of parents to direct the upbringing and |
5 | education of their children is a fundamental right protected by |
6 | the Constitution of the United States; and |
7 | WHEREAS, Our nation has historically relied first and |
8 | foremost on parents to meet the real and constant needs of |
9 | children; and |
10 | WHEREAS, The interests of children are best served when |
11 | parents are free to make child-rearing decisions about |
12 | education, religion and other areas of a child's life without |
13 | state interference; and |
14 | WHEREAS, The United States Supreme Court, in Wisconsin v. |
15 | Yoder, 406 U.S. 205 (1972), held that "(t)his primary role of |
16 | the parents in the upbringing of their children is now |
17 | established beyond debate as an enduring American tradition"; |
18 | and |
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1 | WHEREAS, However, in Troxel v. Granville, 530 U.S. 57 (2000), |
2 | Supreme Court justices issued five concurring and dissenting |
3 | opinions on the nature and enforceability of parental rights |
4 | under the Constitution of the United States; and |
5 | WHEREAS, The decision in Troxel v. Granville has created |
6 | confusion and ambiguity about the fundamental nature of parental |
7 | rights in the laws and society of several states; and |
8 | WHEREAS, The United Nations Convention on the Rights of the |
9 | Child has been proposed and soon may be considered for |
10 | ratification by the United States Senate; and |
11 | WHEREAS, The United Nations Convention on the Rights of the |
12 | Child would drastically alter the fundamental right of parents |
13 | to direct the upbringing of their children; and |
14 | WHEREAS, The United Nations Convention on the Rights of the |
15 | Child has been acceded to by 192 nations worldwide and has been |
16 | cited by United States courts as "customary international law"; |
17 | and |
18 | WHEREAS, International influence is being exerted on the |
19 | United States Supreme Court, as demonstrated in Roper v. |
20 | Simmons, 543 U.S. 551 (2005), in which it was expressed that |
21 | "the Court has referred to the laws of other countries and to |
22 | the international authorities as instructive for its |
23 | interpretation" of the Constitution of the United States; and |
24 | WHEREAS, H.J. Res. 42 was introduced in the United States |
25 | House of Representatives during the first session of the 111th |
26 | Congress to provide for an amendment to the Constitution of the |
27 | United States to prevent erosion of the enduring American |
28 | tradition of treating parental rights as fundamental rights, and |
29 | the legislation states: |
30 | "SECTION ONE: The liberty of parents to direct the upbringing |
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1 | and education of their children is a fundamental right. |
2 | SECTION TWO: Neither the United States nor any State shall |
3 | infringe upon this right without demonstrating that its |
4 | governmental interest as applied to the person is of the highest |
5 | order and not otherwise served. |
6 | SECTION THREE: No treaty may be adopted nor shall any source |
7 | of international law be employed to supersede, modify, |
8 | interpret, or apply to the rights guaranteed by this article"; |
9 | and |
10 | WHEREAS, This amendment will add explicit text to the |
11 | Constitution of the United States to forever protect the rights |
12 | of parents as they are now enjoyed, without substantive change |
13 | to current Federal or State laws respecting these rights; and |
14 | WHEREAS, The enumeration of these rights in the text of the |
15 | Constitution of the United States will preserve them from being |
16 | infringed upon by treaty or international law; therefore be it |
17 | RESOLVED, That the House of Representatives of the |
18 | Commonwealth of Pennsylvania urge the Congress of the United |
19 | States to pass the Parental Rights Amendment to the Constitution |
20 | of the United States and submit it to the states for |
21 | ratification; and be it further |
22 | RESOLVED, That the House of Representatives of the |
23 | Commonwealth of Pennsylvania affirm the Parental Rights |
24 | Amendment to the Constitution of the United States as presented |
25 | to the Congress of the United States in H.J. Res. 42 and S.J. |
26 | Res. 16, both introduced in the first session of the 111th |
27 | Congress; and be it further |
28 | RESOLVED, That copies of this resolution be transmitted to |
29 | the Speaker of the United States House of Representatives, to |
30 | the President of the United States Senate and each member of |
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1 | Congress from Pennsylvania. |
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