Parental Rights in South Carolina
South Carolina Parental Rights News
We are excited to let you know that three powerful bills have been introduced in the South Carolina legislature. All of these bills will protect parental rights in South Carolina and will make South Carolina the 16th state in the nation to enshrine in state law that parental rights are fundamental! H. 3197, The Parental…
South Carolina State Law and Parental Rights
South Carolina does not have a state statute that explicitly defines and protects parental rights as fundamental rights.
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South Carolina Courts and Parental Rights
"Strict Scrutiny" Applied to Parental Rights
South Carolina courts have repeatedly recognized the rights of parents to oversee the care of their children as a fundamental right deserving of the strict scrutiny standard. However, this precedent is subject to change.
Key recent cases upholding fundamental parental rights include: State v. Whitner, 732 S.E.2d 861 (S.C. 2012), Marquez v. Caudill, 656 S.E.2d 737 (S.C. 2008), Loe v. Mother, 586 S.E.2d 807 (S.C. Ct. App. 2009), and Camburn v. Smith, 586 S.E.2d 565 (S.C. 2003).