Parental Rights in New Jersey

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New Jersey Parental Rights News

Call NJ School Board to Delay Worrisome Standards

May 3, 2022

The 2020 New Jersey Learning Standards are currently scheduled to be implemented in September, 2022. However, the standards, especially in the area of Comprehensive Health and Physical Education, are very concerning to many parents. Even Governor Murphy has acknowledged the concerns being expressed by New Jersey parents. Right now, parents are reaching out to the…

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2016 - You Scored a Quiet Parental Rights Victory This Week

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New Jersey State Law and Parental Rights

At Risk

New Jersey does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

Senate bill 2100 (proposed in 2014) and Assembly bill 4234 (proposed in 2015) would have corrected this, but neither bill passed.

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New Jersey Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

However, this precedent is subject to change.

Moriarty v. Bradt, 827 A.2d 203, 214–15 (N.J. 2003)
"Summing up, when the State seeks, by statute, to interfere with family and parental autonomy, a fundamental right is at issue. That statute thus is subject to strict scrutiny and will only pass muster if it is narrowly tailored to serve a compelling state interest." (citing Washington v. Glucksberg, 521 U.S. 702, 720-21; and Roe v. Wade, 410 U.S. 113, 155-56.)