Texans are voting to add parental rights to the constitution. What does that mean?

AUSTIN — Texans are voting Tuesday to add rights for parents who find themselves at odds with the state or other governmental entities over how to raise their children, making Texas the first state to add parental rights to its founding document if Proposition 15 passes.

If approved, the new language will be added to Article 1 of the Texas Constitution, also known as the Bill of Rights. That’s the section that lays out the rights and protections for Texans, including limits on the government’s power, and the individual freedoms of speech, religion and the right to bear arms, among others.

What does the amendment say?

“To enshrine truths that are deeply rooted in this nation’s history and traditions, the people of Texas hereby affirm that a parent has the responsibility to nurture and protect the parent’s child and the corresponding fundamental right to exercise care, custody, and control of the parent’s child, including the right to make decisions concerning the child’s upbringing.”

Would it change any state laws?

There is no indication that this will substantially change any state or federal laws, including those against child abuse or other protections, attorneys who support the bill have said, if it’s approved. Instead, it gathers up rights that have already been established over a century in state and U.S. Supreme Court case law, the bill’s author said.

Did any lawmakers vote against it?

Yes, but most didn’t. For an amendment to be presented to voters, it has to gain at least two-thirds support in the Legislature, so this one had bipartisan support. The amendment won unanimous support in the Senate but was opposed by two dozen Democrats in the House, many of them members of the far-left Texas Legislative Progressive Caucus who warned that laws spotlighting the rights of the parents often ignore the needs of children to be heard and protected by the government — often from their own parents.

Is this a new issue?

No. State leaders in Republican-dominated Texas have been pushing for more laws like this for years. In 2019, Texas Attorney General Ken Paxton released a report defending parental rights against state interference at the request of a Republican House chairman. In 2023, Gov. Greg Abbott, a Republican, signed a package of legislation intended to strengthen parents’ voices in education, including giving them access to curriculum and library materials.

What was the first parental rights decision in the U.S.?

Notable federal cases that have contributed to parental-rights precedents go as far back as 1923, when the U.S. Supreme Court established a parent’s right to guide their children’s education “suitable to their station in life.” In 1925, a century ago, the court cemented that right with a precedent-setting opinion: “The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

What has happened since then?

Several additional cases. In 1972, Wisconsin vs. Yoder established the right to raise your child in the religion of your choosing. In the early ‘80s, the court required a higher burden of proof to terminate parental rights. In the 2000 decision Troxel vs. Granville, the court connected parental rights to the 14th Amendment protections of privacy.

In 1979, the court’s majority opinion summed up its position this way:

“The statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition.”