Parental Rights in Texas

Texas Parental Rights News

Texas Considers State Parental Rights Amendment

February 21, 2023

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…

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Texas State Law and Parental Rights


Texas Family Code Sect. 151.003 declares the following:

"A state agency may not adopt rules or policies or take any other action that violates the fundamental rights and duty of parents to direct the upbringing of the parent's child."

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Texas Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

Texas 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.

In In re Pensom, 126 S.W.3d 251, 254 (Tex. Ct. App. 2003), a Texas Court of Appeals ruled, "Because a fundamental right is implicated here [that is, parental rights], we apply strict scrutiny and will uphold the statute if it is narrowly tailored to serve a compelling government interest," citing Troxel, 530 U.S. at 79 (Souter, J., concurring) and 80 (Thomas, J., concurring).