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CONCURRENT RESOLUTION
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WHEREAS, The right of parents to direct the upbringing of |
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their children is fundamental, and the interests of children are |
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best served when parents are free to make decisions regarding their |
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education, their religion, and other aspects of their lives without |
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governmental interference; and |
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WHEREAS, In its 1972 Wisconsin v. Yoder decision, the United |
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States Supreme Court held that the "primary role of the parents in |
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the upbringing of their children is now established beyond debate |
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as an enduring American tradition," yet the more recent Troxel v. |
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Granville case resulted in a splintered six-way decision by the |
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supreme court that has caused ambiguity about the rights of parents |
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for courts at the state and federal levels; and |
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WHEREAS, Moreover, the United States is being encouraged to |
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ratify the United Nations Convention on the Rights of the Child, |
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which would drastically alter the fundamental right of parents to |
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direct the upbringing of their own children; international law can |
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influence the supreme court's rulings, as illustrated in the 2005 |
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decision Roper v. Simmons, raising the possibility that a future |
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court might allow external authorities to erode the American |
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tradition of treating parental rights as fundamental rights; and |
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WHEREAS, The proposed Parental Rights Amendment to the |
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U.S. Constitution states that "[t]he liberty of parents to direct |
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the upbringing and education of their children is a fundamental |
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right," that "[n]either the United States nor any State shall |
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infringe upon this right without demonstrating that its |
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governmental interest as applied to the person is of the highest |
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order and not otherwise served," and that "[n]o treaty may be |
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adopted nor shall any source of international law be employed to |
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supersede, modify, interpret, or apply to the rights guaranteed by |
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this article"; and |
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WHEREAS, The Texas Legislature has affirmed the importance of |
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parental rights in such statutes as Section 40.002(b)(2), Human |
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Resources Code, which spells out the need for the Department of |
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Family and Protective Services to "respect the fundamental right of |
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parents to control the education and upbringing of their children," |
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and Section 151.003, Family Code, which establishes the type of |
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standard that should be instituted at the federal level by |
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providing that "[a] state agency may not adopt rules or policies or |
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take any other action that violates the fundamental right and duty |
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of a parent to direct the upbringing of the parent's child"; and |
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WHEREAS, Explicitly enumerating the rights of parents in the |
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Constitution of the United States will protect these rights in |
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perpetuity from the shifting ideologies and interpretations of the |
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supreme court and from the threat of being placed under the |
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jurisdiction of the international community, thereby preserving |
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the cherished American tradition of entrusting parents to raise |
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their own children; now, therefore, be it |
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RESOLVED, That the 85th Legislature of the State of Texas |
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respectfully urge the Congress of the United States to propose and |
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submit to the states for ratification the Parental Rights Amendment |
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to the United States Constitution; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |