SJR 26: Relating to support for the Parental Rights Amendment; and urging the United States Congress to submit the Parental Rights Amendment to the states for ratification.
00 SENATE JOINT RESOLUTION NO. 26 01 Relating to support for the Parental Rights Amendment; and urging the United States 02 Congress to submit the Parental Rights Amendment to the states for ratification. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 WHEREAS the right of parents to direct the upbringing and education of their 05 children is a fundamental right protected by the Constitution of the United States and the 06 Constitution of the State of Alaska; and 07 WHEREAS our nation historically has relied on parents, first and foremost, to meet 08 the real and constant needs of children; and 09 WHEREAS the interests of children are best served when parents are free to make 10 childrearing decisions about education, religion, and other areas of a child's life, without state 11 interference; and 12 WHEREAS, in 1972, the United States Supreme Court, in Wisconsin v. Yoder, held 13 that the "primary role of the parents in the upbringing of their children is now established 14 beyond debate as an enduring American tradition"; and 15 WHEREAS, in 2000, in Troxel v. Granville, six justices of the United States Supreme 16 Court filed opinions questioning the nature and enforceability of parental rights under the
01 Constitution of the United States; and 02 WHEREAS the separate opinions filed in Troxel v. Granville have created confusion 03 and ambiguity about the fundamental nature of parental rights in the laws and society of the 04 states; and 05 WHEREAS the United Nations Convention on the Rights of the Child, which would 06 drastically alter the fundamental right of parents to direct the upbringing of their children, has 07 been proposed and may soon be considered for ratification by the United States Senate; and 08 WHEREAS the United Nations Convention on the Rights of the Child has been 09 acceded to by 192 nations worldwide and has been cited by courts in the United States as 10 "customary international law"; and 11 WHEREAS international influence is being exerted on the United States Supreme 12 Court, as demonstrated in Roper v. Simmons (2005), in which the Court referred to the laws 13 of other countries and to international authorities as instructive for its interpretation of the 14 Constitution of the United States; and 15 WHEREAS U.S. Representative Peter Hoekstra of Michigan introduced H. J. RES. 16 42 in the United States House of Representatives proposing an amendment to the Constitution 17 of the United States to prevent erosion of the enduring American tradition of treating parental 18 rights as fundamental rights as follows: 19 "SECTION ONE: The liberty of parents to direct the upbringing and education 20 of their children is a fundamental right. 21 "SECTION TWO: Neither the United States nor any State shall infringe upon 22 this right without demonstrating that its governmental interest as applied to the person 23 is of the highest order and not otherwise served. 24 "SECTION THREE: No treaty may be adopted nor shall any source of 25 international law be employed to supersede, modify, interpret, or apply to the rights 26 guaranteed by this article."; and 27 WHEREAS the amendment in H. J. RES. 42 would add explicit text to the 28 Constitution of the United States to protect forever the rights of parents as those rights are 29 now enjoyed, without substantive change to current state or federal laws related to those 30 rights; and 31 WHEREAS enumeration of those rights in the text of the Constitution of the United
01 States will preserve those rights from being infringed upon by the shifting ideologies and 02 interpretations of the United States Supreme Court; and 03 WHEREAS enumeration of those rights in the text of the Constitution of the United 04 States will preserve them from being infringed upon by treaty or international law; 05 BE IT RESOLVED that the Alaska State Legislature affirms H. J. RES. 42, the 06 Parental Rights Amendment to the United States Constitution, as presented to the United 07 States Congress by Representative Peter Hoekstra of Michigan; and be it 08 FURTHER RESOLVED that the Alaska State Legislature urges the members of the 09 United States Congress to submit H. J. RES. 42, the Parental Rights Amendment, to the states 10 for ratification. 11 COPIES of this resolution shall be sent to the Honorable Barack Obama, President of 12 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and 13 President of the U.S. Senate; the Honorable Harry Reid, Majority Leader of the U.S. Senate; 14 the Honorable Nancy Pelosi, Speaker of the U.S. House of Representatives; the Honorable 15 Lisa Murkowski and the Honorable Mark Begich, U.S. Senators, and the Honorable Don 16 Young, U.S. Representative, members of the Alaska delegation in Congress; all other 17 members of the 111th United States Congress; and the presiding officers of the legislatures of 18 each of the other 49 states.