THE APPROACHING STORM
Parental Rights Under Attack

By Michael P. Farris, J.D.

For years the Supreme Court has maintained that parents possess a fundamental constitutional right to raise their children as they see fit. “The child is not the mere creature of the State,” the Supreme Court concluded in a 1925 ruling, “those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

This historically honored right has been continually upheld and protected within our nation. It is deeply valued by millions of American families.

A PERFECT STORM

But tragically, parental rights are now coming under attack from federal judges who deny or refuse to recognize these rights. Adding a further danger to the child-parent relationship, international law is advancing on the horizon.

Together, these threats are converging to create a “perfect storm” that looms over the child-parent relationship.

THE THREAT FROM THE FEDERAL COURTS

The first threat involves a growing disregard for parental rights found throughout the federal courts of our nation. Many judges are denying the vital role of parents in the lives of their children, instead inserting the government into a “parental” role in a child’s life. The casualties of this viewpoint include children like the 13-year-old Washington boy who was removed from his parents after he complained that they were taking him to church too often. His school counselors had encouraged him to call Child Protective Services with his complaint, which led to his subsequent removal and placement in foster care. It was only after the parents agreed to a judge’s requirement of less frequent church attendance that they were able to recover their son. Stories like these are becoming too common within our nation, shedding light on an increasing danger to the child-parent relationship.

Not all judges hold a low view of parental rights. Some, like Supreme Court Justice Antonin Scalia, believe that parental rights are among the “inalienable rights” of Americans enumerated in the Declaration of Independence. But many of these judges are also ruling against parental rights simply because they are not explicitly included in the language of the Constitution. In Troxel v. Granville, the last major parental rights case heard by the Supreme Court, Scalia himself voted to deny parental rights the status of an enforceable constitutional right. Other federal court judges are following in his footsteps, citing a mounting belief that no right can be protected by the federal courts unless explicitly stated in the Constitution.

The dwindling support for parental rights found on the federal level has opened the door to a growing, blatant disregard of parental rights within the lower courts of our nation. Parental rights violations are on the increase across the country, as courts exchange parental involvement for government control in the lives of America’s children.

The right of parents to direct the upbringing and education of their children is hanging by a thread.

THE THREAT FROM INTERNATIONAL LAW

The precarious state of parental rights within our nation is reason enough for serious concern. But another storm is rapidly forming on the horizon.

International law that seeks to empower the government to intrude upon the child-parent relationship is becoming an increasing threat. The UN Convention on the Rights of the Child (UNCRC) is approaching possible ratification by the United States.

If this treaty is made binding upon our country, the government would have the power to intervene in any child’s life to advance its definition of “the best interests of the child.” The scenarios that could occur—and are occurring—as a result of this dangerous notion are both manifold and frightening.

Under the UNCRC, instead of following due process, government agencies would have the power to override your parental choices at their whim.

In essence, the UNCRC applies the legal status of abusive parents to all parents. This means that the burden of proof falls on the parent to prove to the State that they are good parents.

A SHELTER IN THE STORM

There is only one solution to this approaching storm: a constitutional amendment that places current Supreme Court doctrine protecting parental rights into the explicit language of the U.S. Constitution. This amendment will shelter the child-parent relationship from the coming storm, ensuring that parents have the right to direct the upbringing and education of their children.

No government, regardless of how well-intentioned it might be, can replace the love and nurture of a parent in the life of a child. Parents care, not because their children are "wards" for whom they are responsible. Parents are willing to brave danger and sacrifice, hardship and heartache to ensure the best for their kids.

The only way to ensure the protection of this relationship is to obtain the Parental Rights Amendment. We must not wait until it’s too late. Act now by signing the petition to protect parental rights at www.parentalrights.org. If you want to do more, please encourage your friends and family to also sign the petition.

Amending the Constitution is a challenging process but it is possible if enough concerned parents get involved! Visit www.parentalrights.org today.