Proposing an amendment to the Constitution of the United States relating to parental rights.
- Bill Number
- H.J.Res. 127
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Families
- Status
- Introduced
- Latest Action
- 2025-09-19: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-05-15T08:07:23Z
AI-Generated Summary
Summary of H.J. Res. 127
Purpose
This joint resolution proposes adding a new article to the U.S. Constitution to recognize and protect parental rights as fundamental, specifically regarding the direction of children's upbringing, education, and care.
Key Provisions
- Section 1 states that the liberty of parents to direct the upbringing, education, and care of their children is a fundamental right.
- Section 2 specifies that this right includes choosing private, religious, or home schools as alternatives to public education, as well as making reasonable choices within public schools.
- Section 3 prohibits the United States or any state from infringing these rights unless the government demonstrates that its interest is of the highest order and cannot be served otherwise.
- Section 4 ensures that parental rights under this article cannot be denied or limited based on disability.
Significant Changes to Existing Law
The proposal would introduce a new constitutional provision explicitly establishing parental rights as fundamental, which does not currently exist in the Constitution. It would require governments to meet a high standard of justification before limiting these rights, shifting from current judicial interpretations that vary by case.
Potential Impacts
- Government agencies: Federal and state entities, particularly in education and child welfare, would face stricter limits on policies or actions affecting parental decisions, requiring stronger justifications for any restrictions.
- Citizens: Parents would gain enhanced constitutional protections for directing their children's education and care, potentially increasing options like homeschooling or private schooling.
- International relations: No direct impacts are outlined in the resolution.
Main Stakeholders
- Parents and families.
- Children.
- Public, private, and religious schools.
- State and federal education and child welfare agencies.
- Courts responsible for interpreting constitutional rights.
Notable Legal, Constitutional, or Political Implications
- Constitutional: The amendment would embed parental rights into the Constitution, potentially altering how courts apply review standards in related disputes and creating a new protected liberty.
- Legal: It introduces a requirement for governments to prove an interest "of the highest order," which could lead to more challenges against existing laws on education or family matters.
- Political: As a proposed amendment, it requires approval by two-thirds of both houses of Congress and ratification by three-fourths of state legislatures to take effect.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Miller, Mary E. [R-IL-15]
Cosponsors (13)
Rep. Biggs, Sheri [R-SC-3], Rep. Hinson, Ashley [R-IA-2], Rep. Collins, Mike [R-GA-10], Rep. McDowell, Addison P. [R-NC-6], Rep. Cline, Ben [R-VA-6], Rep. Steube, W. Gregory [R-FL-17], Rep. Haridopolos, Mike [R-FL-8], Rep. Norman, Ralph [R-SC-5], Rep. Fine, Randy [R-FL-6], Rep. Rutherford, John H. [R-FL-5], Rep. Grothman, Glenn [R-WI-6], Rep. Harrigan, Pat [R-NC-10], Rep. Loudermilk, Barry [R-GA-11]
Recent Actions
- 2025-09-19: Referred to the House Committee on the Judiciary.
- 2025-09-19: Introduced in House
- 2025-09-19: Introduced in House
Bill Versions
- Proposing an amendment to the Constitution of the United States relating to parental rights. — issued 2025-09-19 — PDF (2 pages)