Texas Considers State Parental Rights Amendment

We are excited to let you know that Texas Representative James Frank has introduced House Joint Resolution 58 (HJR 58) proposing a Parental Rights Amendment to the Texas Constitution.

If the resolution passes, the amendment will be proposed to the voters and subject to their approval at the November 7, 2023, election.

The amendment would take existing United States Supreme Court precedent and place it in the black-and-white text of the Texas Constitution, where it cannot be altered by the shifting attitudes of the courts. While Texas already protects parental rights in state code (Texas Family Code § 151.003), protecting parental rights in the Texas Constitution will make this even more secure. 

Below is the text of the proposed constitutional amendment in its entirety. (The bill includes other language in addition to this, which addresses how the amendment is to be proposed, voted on, and so forth.)

Proposed Amendment Text

Sec. 36, FUNDAMENTAL RIGHTS OF PARENTS TO RAISE CHILDREN. (a) The liberty of a parent to direct the upbringing of a parent’s child is a fundamental right. This right includes the right to direct the care, custody, control, education, moral and religious training, and medical care of the child.

(b) The state or a political subdivision of this state shall not interfere with the rights of a parent described by subsection (a) unless the interference is:

(1) essential to further a compelling governmental interest; and 

(2) narrowly tailored to accomplish that compelling governmental interest.

Take Action Now

Please take a moment now to contact your state lawmakers and urge them to protect your family by voting in favor of HJR 58 proposing a Parental Rights Amendment to the Texas Constitution. Your message should be in your own words, but can follow the example below:

I am a constituent, and I am urging my [representative/senator] to protect my family by supporting HJR 58, the Parental Rights Amendment. This amendment would take existing commonsense court protections for parental rights and put them in the black-and-white of the Texas Constitution. This will protect our rights from shifting court ideologies and preserve our families for generations. My family means the world to me, so I hope we can count on my lawmaker’s support of this vital bill.

Once you have made contact yourself, could you also forward this email to family and friends who are as concerned for their families as you are?

Thank you for making your voice heard to protect parental rights in the Lone Star State!

Sincerely yours,

Will Estrada

President, ParentalRights.org and the Parental Rights Foundation