Parental Rights in Alaska
Alaska Parental Rights News
Busy in the State House and in the U.S. Senate
In This Issue: Report: Busy in the State House and in the U.S. Senate By the Numbers: State and National Legislation Go Deeper: Two-Thirds Vote to Pass the Parental Rights Amendment ••••••••••••••••••••••••• Report: Busy in the State House and in the U.S. Senate ParentalRights.org has been busy in the state house and in the U.S.…
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Alaska State Law
At Risk
Alaska does not have a state statute that explicitly defines and protects parental rights as fundamental rights.
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Alaska Courts
"Strict Scrutiny" Applied to Parental Rights
In Treacy v. Municipality of Anchorage, 91 P.3d 252 (Alaska 2004), the Alaska Supreme Court held, citing Meyer v. Nebraska, 262 U.S. 390 (1923), "that parents have a fundamental right to control the upbringing of their children." (at 268) The court found that "[b]ecause the municipality's interest is sufficiently compelling, and because the ordinance presents the least restrictive alternative for meeting all of its stated goals," it met the "strict scrutiny standard" and therefore did not violate that fundamental right. (at 269)
However, this precedent is subject to change.