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CONCURRENT RESOLUTION
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WHEREAS, The right of parents to direct the upbringing of |
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their children is fundamental, and the interests of children are |
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best served when parents are free to make decisions regarding their |
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education, religion, and other aspects of their lives without |
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governmental interference; and |
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WHEREAS, In its 1972 Wisconsin v. Yoder decision, the United |
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States Supreme Court held that the "primary role of the parents in |
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the upbringing of their children is now established beyond debate |
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as an enduring American tradition," yet the more recent Troxel v. |
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Granville case resulted in a splintered six-way decision by the |
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supreme court that has caused ambiguity about the rights of parents |
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for courts at the state and federal levels; and |
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WHEREAS, Moreover, the U.S. Senate may be poised to ratify |
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the United Nations Convention on the Rights of the Child, which |
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would drastically alter the fundamental right of parents to direct |
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the upbringing of their own children; international law can |
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influence the supreme court's rulings, as illustrated in the 2005 |
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decision Roper v. Simmons, raising the possibility that a future |
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court might allow external authorities to erode the American |
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tradition of treating parental rights as fundamental rights; and |
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WHEREAS, The proposed Parental Rights Amendment to the U.S. |
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Constitution states that "[t]he liberty of parents to direct the |
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upbringing and education of their children is a fundamental right," |
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that "[n]either the United States nor any state shall infringe upon |
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this right without demonstrating that its governmental interest as |
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applied to the person is of the highest order and not otherwise |
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served," and that "[n]o treaty may be adopted nor shall any source |
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of international law be employed to supersede, modify, interpret, |
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or apply to the rights guaranteed by this article"; and |
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WHEREAS, Explicitly enumerating the rights of parents in the |
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Constitution of the United States will protect these rights in |
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perpetuity from the shifting ideologies and interpretations of the |
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supreme court and from the threat of being placed under the |
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jurisdiction of the international community, thereby preserving |
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the cherished American tradition of entrusting parents to raise |
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their own children; now, therefore, be it |
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RESOLVED, That the 82nd Legislature of the State of Texas |
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respectfully urge the Congress of the United States to propose and |
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submit to the states for ratification the Parental Rights Amendment |
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to the United States Constitution; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |