Parental Rights in Idaho

Resolution Supporting the PRA

We did it! Thanks in part to your support, in 2011, the Idaho legislature resolved to call on Congress to adopt the Parental Rights Amendment. HJM 1 passed the House (49-20) on Feb. 7, and overwhelmingly passed the Senate on March 9, 2011 by a voice vote. (Learn more about state resolutions.)

Idaho Parental Rights News

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Idaho State Law and Parental Rights


We did it! Thanks in part to your support, Parental rights are protected as fundamental rights requiring strict scrutiny review under H0113, passed in 2015, which amended several sections of Idaho law to include these rights. Chapter 10, Title 32 of Idaho law was amended to include 32-1013, which provides (in part) that:

"Neither the State of Idaho, nor any political subdivision thereof, may violate a parent's fundamental and established rights protected by this act, and any restriction of or interference with such rights shall not be upheld unless it demonstrates by clear and convincing evidence that the restriction or interference is both:

"(a) Essential to further a compelling governmental interest; and

"(b) The least restrictive means available for furthering that compelling governmental interest."

In addition, helped to pass S 1293, a Senate bill that gives parents whose children attend public schools a meaningful amount of leverage when they ask a public school to treat their child a bit differently than others. The bill was signed by the governor on March 23, 2016.

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Idaho Courts and Parental Rights

Affirming, and Protected Under Statute

Leavitt v. Leavitt, 132 P.3d 421, 427 (Idaho 2006):

"This liberty interest, encompassing a parent's right to determine with whom his or her child may associate, is entitled to equally heightened protection in the visitation rights context. Given such a fundamental right, we conclude the clear and convincing standard of proof applies to actions brought under I.C. § 32-719."