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Senate passes parental-rights bill after extended sponsor speech
Summary
The South Dakota Senate passed Senate Bill 113, codifying parental-rights protections and directing courts to apply strict scrutiny; the measure passed 30–4 with one excused.
Pierre, S.D. — The South Dakota Senate on Feb. 11 approved Senate Bill 113, a measure the sponsor described as a statutory codification of constitutional parental rights and a vehicle to require strict scrutiny for government actions affecting those rights.
State Senator Larry Brewster Grove (note: transcript shows last name Grove) introduced the measure, citing federal case law beginning with Meyer v. Nebraska and Pierce v. Society of Sisters as jurisprudential foundations for parental rights. “What this bill does is, it gives parents an opportunity if they are coming up against, difficult situations that they could stand on this bill if it's codified in South Dakota,” Grove said. He characterized the bill as bipartisan and said it was modeled on a statute presented by the Parental Rights Foundation and adopted by ALEC’s health and human services committee.
Grove emphasized the bill does not create absolute rights and said existing child-protection laws remain in effect. He urged senators to vote yes; the final roll call recorded 30 yeas, 4 nays and 1 excused, and the president declared the bill passed.
Why it matters: Supporters say SB 113 would reinforce parents’ authority to direct education and upbringing and strengthen judicial review standards in cases affecting parental decision-making. Opponents (recorded as four nay votes) did not speak during the recorded debate in the transcript.
Next steps: The bill will proceed per legislative process; transcript indicates title is deemed correct on passage.
