100 Years After Landmark Case, Federal Programs Continue to Violate Parents’ Constitutional Rights

June 1 marks the 100th anniversary of the U.S. Supreme Court’s landmark parental rights decision in Pierce v. Society of Sisters.

That historic opinion recognized “the liberty of parents and guardians to direct the upbringing and education of children under their control.” It also famously declared that “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.”

Sadly, despite that—and even now—many federal programs continue to encroach on parental rights.

Though parents have a fundamental right to raise and educate their children, and America’s history and tradition recognize the integrity of the family and parents’ rightful role as their children’s primary decision-makers, many courts have failed to properly treat parental rights as constitutionally protected. Instead, they have eroded parents’ rights by not applying the highest level of legal protection. That has contributed to the problems that still exist with many federal programs.

For example, the Department of Defense Education Activity educates more than 69,000 American children worldwide. Staff training “advises teachers to build special relationships with students, and even to keep information from parents.” Schools should never keep secrets from parents.

The Defense Department schools push gender ideology on American military kids and have secretly “socially transitioned” students without parents’ knowledge or consent. Schools should never exclude parents from critical decisions regarding their child’s education or health.

Military parents have limited online access to their minor children’s medical records through the military’s online health portal once their kids turn 13. Parents should never be denied access to medical information needed to fulfill their duty to care for their children.

4-H policy, which the Department of Agriculture’s Cooperative Extension System administers, requires minors to be treated “according to their gender identity, even if [their] own guardian raises objections.” Parents should never be excluded from critical decisions, like whether their daughter is treated as a boy.

The Teen Connection Project (funded by the National Institutes of Health) pays 14- to 17-year-olds to participate in a program that pairs them with “transgender” and “other gender minority adults based on shared social identities and interests.” The consent form (now password protected since exposed) states that minors “do not have to get [their] caregivers’/parents’ permission to be part of this project.” Deceiving parents should never be the official policy of the federal government. 

Medicaid funds support school-based health centers. These clinics are an open door for students to access mental health and reproductive services without their parents’ knowledge. Some (like ones in California) offer students as young as 12 both contraceptives and the Plan B abortion pill. Vulnerable kids need their parents to navigate complex issues involving mental and reproductive health.

These federal programs violate parents’ fundamental right to direct their children’s upbringing, education, and health care. The government should help—not hinder—loving parents in fulfilling their “high duty.” Including parents helps. Keeping secrets hinders.

Fortunately, Congress has the authority—and the opportunity—to protect parental rights from federal government overreach by passing the Families’ Rights and Responsibilities Act.

This act recognizes that parents’ fundamental rights are entitled to the highest level of constitutional protection. It requires courts to apply the proper standard of judicial review—“strict scrutiny”—to federal violations of parental rights.

This is the same standard the Supreme Court has applied to safeguard other fundamental rights—like free speech and free exercise of religion. Congress is well within its constitutional authority to ensure that federal programs properly respect parental authority.

The Families’ Rights and Responsibilities Act aligns with the principles (accountability, choice, and transparency) for protecting parental rights outlined in the Promise to America’s Parents, which is supported by a diverse coalition of more than 50 policy and grassroots organizations working to protect families and preserve parental rights.

Under the act, parents can hold the government accountable for overstepping its proper bounds. Parents will have choices about their child’s education and health. And parents will be guaranteed access to education and medical records, ensuring needed transparency for important decision-making.

Parents—not politicians—know what’s best for their kids. Families—not government—form our country’s foundation.

From the lunchbox to the life plan, parents have the right to raise and educate their children. Children are not “mere creatures of the state.” They are gifts from God entrusted to their parents, who know and love them best. The Families’ Rights and Responsibilities Act affirms this truth and strengthens families. Pierce’s 100th anniversary is a great reminder: Strong families build a strong America.

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