Protecting Parental Rights - 2014 Indiana Senate Bill 100

14 January 2014

Senator Kruse has introduced a bill to provide broad protection to the right of parents to direct the upbringing, education, and care of their children. Here is the synopsis of the bill;
Protecting parental rights. Specifies that the liberty of parents to direct the upbringing, education, and care of their child is a fundamental right. Prohibits a governmental entity from infringing on that right without demonstrating that the governmental entity's governmental interest as applied to the person is of the highest order and not otherwise served. Establishes the application of these provisions to laws, rules, and ordinances.

Referred to the Committee on Public Policy which is chaired by Senator Ron Alting.

This bill provides the following new section 31-13-4 to direct government entities in regards to protecting the rights of parents in matters of government intervention affecting their children. The content of the new section is as follows:
Chapter 4. Parental Rights Protected
Sec. 1. This chapter applies to any state or local law, rule, or ordinance and the implementation of that law, rule, or ordinance, whether:
(1) statutory or otherwise; and
(2) enacted, adopted, or effective before, on, or after July 1, 2014.
Sec. 2. The liberty of a parent to direct the upbringing, education, and care of the parent's child is a fundamental right.
Sec. 3. A governmental entity may not infringe on the right described under section 2 of this chapter without demonstrating that the governmental entity's governmental interest as applied to the person is of the highest order and not otherwise served.
Sec. 4. A statute enacted after July 1, 2014, is subject to this chapter unless the statute explicitly excludes the application by reference to this chapter.

Essentially this chapter requires that a government entity must refrain from imposing upon a parent's right “to direct the upbringing, education, and care of the parent's child” unless the government demonstrates that the government's interest supersedes that of the parent. This bill does not per se create a new burden of proof but rather establishes a new element to the government's burden.

I strongly support this legislation.

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