HJRES 127119th CongressIn Committee

Proposing an amendment to the Constitution of the United States relating to parental rights.

Introduced: Sep 19, 2025

Sponsor: Rep. Miller, Mary E. [R-IL-15] (R-Illinois)

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

This joint resolution proposes a constitutional amendment to establish parental rights as a fundamental constitutional protection. The amendment would enshrine parents' authority to direct their children's upbringing, education, and care, explicitly protecting educational choice including private, religious, and home schooling options. It would require governments to meet an extremely high legal standard—demonstrating a compelling governmental interest—before interfering with parental decisions. The amendment would also prohibit discrimination against parental rights based on disability status.

Key Points

1Establishes parental liberty to direct children's upbringing, education, and care as a fundamental constitutional right, elevating it to the highest level of legal protection
2Explicitly protects parents' right to choose alternatives to public education, including private schools, religious schools, and homeschooling
3Guarantees parents' right to make reasonable choices within public schools for their children's education
4Requires federal and state governments to demonstrate a compelling interest "of the highest order" before infringing on parental rights, creating a very high legal barrier
5Prohibits denial or restriction of parental rights based on a parent's or child's disability status

Impact Areas

Parents and families: Would significantly strengthen legal protections for parental decision-making authority across all aspects of child-rearingEducation system: Would constitutionally protect school choice and could limit government regulation of educational decisions and curriculum requirementsState and federal governments: Would substantially restrict governmental authority to intervene in family matters, requiring the highest legal justification for any interferenceChild welfare and protective services: Could make it more difficult for authorities to intervene in cases of suspected abuse or neglect by raising the legal standard requiredDisability rights: Would ensure parents with disabilities and parents of children with disabilities retain full parental rights protections

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