Committee sends parental-rights constitutional amendment to civil subcommittee after debate
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Summary
Representative Pascoe presented H B 148 to enshrine parental rights in the state constitution; members raised concerns about inserted terms ('each parent' and 'custody') and unintended effects on cases with terminated parental rights; the committee voted to send the bill to the civil subcommittee for further review.
Representative Pascoe presented H B 148, a proposed constitutional amendment to enshrine parents' formal rights to direct the education, upbringing, care, custody and control of their children. Pascoe said the measure largely mirrors prior legislation and Supreme Court precedent and that the changes were intended to "enstrand" the recognized liberty interest at the constitutional level.
Several committee members raised substantive concerns. One member urged the bill be sent to the civil subcommittee, arguing language changes — particularly inserting "each parent" and the word "custody" — could create unforeseen consequences and litigation or conflict with domestic-relations practice. Another member said the amendment might not make clear how it would apply if a parent's rights had been terminated or if the parent was not fit.
Representative Pascoe said constitutional experts recommended the wording and that he was open to further questions; given the differing views, Representative Tillman moved to refer the bill to the civil subcommittee. The motion passed and the subcommittee membership was announced for further examination.
The committee did not vote the amendment from committee; instead, members requested additional review in subcommittee to resolve drafting and scope questions before any favorable report.
