EXCLUSIVE: GOP Lawmakers Introduce Bill to Protect Parental Rights

FIRST ON THE DAILY SIGNAL—Sens. Tim Scott and James Lankford, along with Rep. Virginia Foxx, introduced legislation to uphold parental rights in education, childrearing, and health care.

“Parents have a fundamental right to control the upbringing of their child, whether it’s in the classroom or at home,” Scott said in a statement first shared with The Daily Signal. “Yet, far too often, parents are being pushed out of their child’s lives, and kids are paying the price. I will always fight to put parents back in the driver’s seat and ensure they remain the lead decision-maker in their child’s life.”

The Families’ Rights and Responsibilities Act affirms that parents have the fundamental right to direct the upbringing, education, and health care of their children. It prevents the federal government from substantially burdening that fundamental right without first passing a legal strict scrutiny test.

Strict scrutiny is the highest standard of review that a court will use to evaluate the constitutionality of government action.

The bill, introduced by Foxx, R-N.C., in the House, and Scott, R-S.C., and Lankford, R-Okla., in the Senate, would also gives parents an avenue to assert a violation as a claim or defense in judicial or administrative proceedings at the federal and state levels.

First introduced in the 118th Congress in 2024, the bill would protect families from the types of attacks waged by the Biden-Harris administration. For instance, a proposed Title IX rule change would have allowed the federal government to compel schools to allow biological males into girls’ and women’s private spaces without informing parents.

However, a federal district court in Kentucky issued a ruling on Jan. 9 blocking the then-outgoing Biden administration’s attempt to change the meaning of “sex” in Title IX to include “gender identity.”

Scott, Lankford, and Foxx seek to empower parents to fight back against violations of their rights.

“Parents deserve to raise their children without the looming threat of government infringement,” Foxx said. “The Families’ Rights and Responsibilities Act will shield parental rights while instituting a necessary, fundamental check against the government whenever it decides to enforce policies that fail to extend due deference to parental decision-making.”

About 20 states have enacted laws with the same goal, but Alliance Defending Freedom Senior Counsel Matt Sharp told The Daily Signal a federal bill is essential to securing parental rights. Not only are parental rights violated by federal programs and guidance documents, but gender ideology is also being pushed on military bases overseas, he said.

“We want to make sure that even our families that are giving everything to defend our country, sacrificing everything to secure American freedom, that their proper rights are protected as well,” Sharp said. “This is going to be something that’s going to not just impact families here in the states, at home, in our local schools when the federal government interferes, but even those families that are overseas serving on bases.”

Co-sponsors of the bill include by Republican Sens. Kevin Cramer of North Dakota and John Barrasso of Wyoming, and Republican Reps. Randy Weber of Texas, John Rose of Tennessee, Mary Miller of Illinois, Gus Bilirakis of Florida, Clay Higgins of Louisiana, Brett Guthrie of Kentucky, Brad Finstad of Minnesota, Barry Loudermilk of Georgia, Rich McCormick of Georgia, and Mike Haridopolos of Florida.

“We want to make sure that every family, every American family, no matter where they are, has those protections for their ability to raise their kids,” Sharp said.

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