Legislative Alert
BILL OF RIGHTS LOBBY ALERT
2/96
With an outpouring of grassroots support from the radical right, a
bill with alarming implications for the well-being of children, House
Bill 1346 "Parental Rights and Responsibilities", passed the House 70-
30 and is now in the Senate.
The legislation establishes the right of parents to direct the
upbringing of their children in the areas of education, health care,
disciplining and religious teaching without the interference of state
or local government. A parent who believes this right has been
violated may take the matter to court. A government agency, to
prevail, must prove that its action was essential to accomplish a
compelling governmental interest (an extremely high standard of
proof).
If the bill passes, the problems will be legion and severe:
A child is defined as a person under 18. No distinction is made
between the needs and rights of toddlers and teenagers. Legal
recognition of a child's developing capacity to participate in
decision making is prohibited.
Any element of public school education -- curriculum. textbooks,
tests, outside readings, speakers -- that displeases any school parent
will open school personnel to court challenges to prove compelling
governmental interest.
The bill will inhibit reporting of suspected child abuse: the accused
will be able to get a transcript of such a report. To intervene in
matters of health or safety, government must prove that parental
action will result in danger to the life of the child or serious
physical injury. Getting involved in matters affecting a child's
health or mental health may subject the third party to a damage
action. Access to contraceptives, sex education and confidential
treatment for sexually transmitted diseases will be at risk. A teenage
daughter could be forced to have an abortion against her wishes.
A parent's right to use corporal punishment against a child will be
established in state law.
Those under 18 will be totally subject to their parents' decisions in
matters of faith and conscience.
The ICLU has consistently protected family integrity against
unwarranted government intrusion. This bill, however, denies the
rights of children and prevents government action that is sometimes
necessary to preserve a child's safety or health.
PLEASE CONTACT YOUR SENATOR TODAY TO URGE DEFEAT OF THE PARENTAL
RIGHTS BILL, H.B. 1346: 1-800-382-9467 (or 232-9400) State House 200
W. Washington St. Indianapolis, IN 46204-2786.
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