The Constitutional Right to Parent

Family policy matters in engaging and informative weekly radio show and podcast produced by the North Carolina family policy Council hi this is John Ralston presidency family and were grateful to have you with us for this week's program is our prayer that you will be informed, encouraged and inspired by what you hear on family policy matters and that you will fold better equipped to be a voice of persuasion for family values in your community, state and nation, and now here's our house to family policy matters Tracy to vent Rick's thanks for joining us this week for family policy matters singly were seeing numerous challenges across our nation regarding appearance rights to decisions about their own children.

What exactly does the law say about parental rights, how far they extend when they are legally limited and what should parents know about their rights before engaging with schools, doctors and politicians well at answers to those questions were pleased to have with us today.

Jeanette Doran, Pres. and General Counsel of the North Carolina Institute for constitutional law. That organization recently published a helpful parental rights guide and she's here to talk to us today about that Jeanette Doran welcome to family policy matters triggering me so North Carolina has been involved in some pretty high profile parental rights cases. Can you tell us a little bit about those. Many pieces usually revolved around custody defeats between parents were between parents and grandparents. We had one pretty significant one in the adoption context North Carolina cases, though developing the issue in the context of government attacks on parent excrement garden. There been a few tangential matters that had arisen and that these cases did something we have seen cases where the government has just said they were taken over because we like our but are way better, but we did need to be vigilant.

We need to make sure that state and going end up becoming one of those states where every time we turn around government is trying to tell us how to raise our kids how to be mom takes a few examples of the ways that government is trying to take over in other states, I'm sure. Thanks for listening to your podcast, you probably heard the horror stories were we got schooled again and trying to micromanage things that are going on a no home on the ground there been picked up in the background on Zoom. For example, when 70 schools were transitioning to remote learning. We also see yet when we need constant attacks on statutes that require parental notification, where minor girl is seeking an abortion to where we feel wanted that kind of litigation all across the country that fortunately were not yet seen on back here North Carolina by the shouldn't be here. Don't need to be vigilant about something. Parents get paired when they talk led school wounds or even neighbors. They feel bullied until they back down and that's also the trend that's harder to track in terms of litigation against people just give up to get scared about what we wanted you very NPI CL make sure the parents know what their rights are so they can stand up for them and not get bullied by government bureaucrats. While it's probably good for us to know then that the US and North Carolina constitutions both have something to say about parental rights. Tell us what that is. First, the U.S. Constitution wanted day. The cases that we see rely on the due process clause of the 14th amendment well state equivalent at that in the North Carolina Constitution, article 1, section in our declaration of rights.

We also see some case law the text that the U.S. Constitution not something a lot of folks don't hear much about that. The constitutional amendment that would rights, it does the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage other rights retained by people so just because there isn't a specific portion in the U.S. Constitution or the state Constitution it says there is a constitutional right parent doesn't just fact, when we talk about the sort of fundamental liberty liberty interest fundamental liberty rights.

The right parent urine children has been described as the old rest of the fundamental liberty interest of at least a century of US constitutional jurisprudence, explaining the history and culture of Western civilization reflects a strong creation. Parental rights intact even in 1972 US Supreme Court said that right was so well-established that it was quote beyond debate as an enduring American tradition. Fortunately, because we have all this jurisprudence. This is a constitutional right. Most of the time when we will get cheap sourcing statutes that comprise glad the constitutional right parent some interesting either current or proposed legislation that would highlight what is already a constitutional principle.

So you think some state governments feel so threatened by parents rights to make decisions about their own children.

How I think I can stand up control and that's unfortunate but I think we've got your point and American politics and culture. When we no longer count the same kind of respect for prerogatives of parents to parent their children. Couple that we had agenda driven acted asks whether they're liberal or progressive or whatever their ideology is that these activist groups that are coming in may just want power because they want so much power and because they have so little respect for the right parents to parent to little verse respect greatly for the family unit.

They are taking every opportunity they can either culturally and legislatively ordered three litigation sometimes to gain their power over the current circumstances and even projecting that teacher. In addition there looking away. KU solute to our young children rely on government rely on God rely on the local mob rely on social justice warriors having don't bother listening to your parents and II think that's a cultural phenomenon is bleeding over into the wall is also a weekly radio show and podcast. This is just one of the many ways is educating citizens across Mr. a lot of about policy issues that impact a lot of families as stated nation.

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There are times of course when something is going on inside the family that somebody does need to intervene.

So how do we balance the rights of children of the rights of parents, especially in areas like privacy when it comes to medical or school records but also for other issues such as abuse.

One day she's a really factor them and consider a sad situation that child being abused below should keeping you meeting their child and tell investigators to examine the child you're not allowed access to any medical records. All these countless tradition visits to emergency ground extreme can't have the government willy-nilly claim without support the child's record should be turned over to the government. Courts are clear that the right parent link other rights is an absolutely even back in 1944, the US Supreme Court upheld the conviction of a woman is been charged with violating child labor laws for allowing her needs and her son shared custody of Denise and she is leading the market Street preachers well into the night, and the court said her conviction could stand the constitutional right parent didn't extend to putting the child in that kind of environment where she's standing at a street intersection preaching in the middle of the night.

But even back then, the court was clear that it was not in his next words laying the foundation for any and every state intervention to be a balancing test and we look at case law that talked about this constitutional right parent want discussion in this case is about the origin CONSTITUTIONAL right and then take it comes from not just the right comfort care as an companionship between parent and child.

Also, because the parents narratives responsibility to bring up their children and as a parent myself I can tell you this is the biggest responsibility Errors and I'm sure parents around the world but agree that you say are the most important things for parents to know if they are facing what they consider to be a challenge to their parental rights. I think the first thing they need now is before there is even a challenge to try to take a few minutes. KU will take a look at various online resources, including the brief memo that we put together about.

We carried North Carolina Institute constitutional law together about the rights of parents to educate yourself about that from our resources from resources with other organizations and if you are challenged. New rates are seeking out support their bond. All one of groups that exist in various contexts can help parents find legal assistance religious liberty grapes education great family. They often have either formal or even informal networks that can help connect parents in need with legal support that started before. There is a problem before there's a challenge. Just know generally what your rights are as parent so you did mention that we need to remain vigilant and just because maybe were not seeing some of the challenges that other states are seeing right now, that we should keep an eye out. What do you suggest would be ways that our policymakers could strengthen parental rights here in North Carolina first importance is just the basic thing to be sure that you're listening to people they should consult land people they represent, and were not gold and look at things like there's a parental Bill of Rights that was recently proposed by friend of mine ever. John Locke, patient and similar minded organizations have supported the idea of a parental Bill of Rights. It shouldn't be necessary.

The turns are what they are. I think that's a good page 4 legislators to look at look at a parental Bill of Rights just to highlight and reinforce what we already know to be the constitutional framework for the right parent legislation that particularize is that flesh is proved to be very useful in preventing erosion constitutional right parent and vendors. Frankly bidders need to hold official speaks of fire, follow what's going on at the local level and at the state level also paid judicial branch. Judicial races are critically important. If we have activist judges. It doesn't matter what we have in statute or in the Constitution for an activist judge. He just get out and decides to make the world will be right what the law can follow that as Ray citizens as well as school Gordon Grayson County commission research and think like just about out of time Jeanette Doran where listeners go to find a copy of that very helpful guide parents constitutional right to parent without government interference. What every parent needs to know the town on our website which is CICL.org and Sandra North Carolina Institute constitutional law, Jeanette Doran, Pres. and General Counsel of the North Carolina Institute for constitutional law you so much for being with us today on family policy, listening to family policy matters. We hope you enjoyed the program. Employment student again next week to listen to the show all lawn and to learn more about and see families work to inform, encourage and inspire families across through a lot of our website and see family.org and see family.org books again for listening and may God bless you and your family