Arguments Against Parental Bill of Rights Don’t Hold Water

Today, Silent Majority Foundation filed a Response to the Plaintiffs’ Motion for Summary Judgment (MSJ) in our efforts to defend/protect Initiative-2081, the Parents’ Bill of Rights. An MSJ is a motion that would terminate the case if the moving party’s motion is granted. In other words, if SMF and the State do not successfully defend against this Motion, the Plaintiffs will win the case and I-2081 will be erased from the books and your parental rights protected through I-2081 will be erased.    

The plaintiffs allege that they are protecting the Constitutionality of the Initiative, claiming that the Initiative was not a “complete act” as it “goes much further than affecting the rights of parents and impacts the legal duties, obligations, and rights of thousands of youth attending public schools, and myriad actors that interface with public school students, including the schools, school employees, and health care providers.” Plaintiffs further claim that I-2081 is an attack on “marginalized and underrepresented groups,” but nothing could be farther from the truth. I-2081, now adopted as Revised Code of Washington Section 28A.605, is a codification of fundamental rights, intended to enable parents to exercise those rights and be involved in their children’s upbringing and education. It is imperative that these parental rights be protected, which is why SMF is expending YOUR donor resources in this crucial case.   

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SMF is protecting your rights by reminding the court that I-2081 was passed by The People and with tremendous legislative support and by citing US and Washington State Supreme Court precedents that clearly state that parents have natural rights in rearing their children:  

1. The Parents Bill of Rights was successfully passed by The People through the initiative process. Once passed by The People, it had bipartisan support, with the House voting 82–15 in its favor and with unanimous approval in the Senate. Despite the various ideological differences within our legislature, they understood that the most important voices in the room were yours! 

2. The provisions of I-2081 overlap existing federal law and promote clarity of parental rights in the educational setting. Under these circumstances, the Initiative does not, as Plaintiffs claim, conflict with federal law.   

3. The natural rights of parents are rooted in the “traditions and conscience of our people as to be ranked as fundamental.”  

1. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations. (Pierce v. Society of Sisters, 268 U.S. 510 (1925), at 535.) 

2. Most children, even in adolescence, simply are not able to make sound judgments concerning many decisions, including their need for medical care or treatment. Parents can and must make those judgments. 
   (Parham v. J.R., 442 U.S. 584 (1979), at 602-3.) 

3. The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition. 
   (Wisconsin v. Yoder, 406 U.S. 205 (1972), at 232.) 

4. A parent's interest in the custody and control of minor children was a 'sacred' right and recognized at common law. (In re Hudson, 13 Wash.2d 673, 678, 685, 126 P.2d 765 (1942) 

Parents have always been viewed as the primary caretakers and decision-makers for their children; this is one of the critical roles, or sacred duties, rights, and responsibilities of the parent.  Plaintiffs’ assertion that children should be able to have medical procedures, mental health care, scholastic disciplinary action, or “confidential conversations with supportive teachers” without the knowledge of their parents violates this sacred, fundamental right.  

«LINK: Stories like this should be gravely concerning to parents in Washington state.

Initiative 2081 is not unconstitutional; it does not amend or repeal existing medical or privacy laws; it does not modify existing laws regarding youth health care or privacy and does not modify parents’ access to the classroom or the duty of schools to provide education and students’ right to autonomy and education.  This law restates longstanding history and tradition of family unity by protecting the crucial and sacred relationship between parents and children.  

Silent Majority Foundation is dedicated to safeguarding the essential right of parents to access crucial information about their children and to be the primary decision-makers in their lives, particularly concerning healthcare. With numerous stories and lawsuits emerging about children as young as 10 undergoing transitions without parental awareness or consent, SMF continues to protect your sacred rights as parents and guardians. But, we need your help!  We need it now, more than ever, to allow us to keep fighting.  We need it in two ways: (1) Please donate NOW by clicking on the link; (2) Share our message with your friends and family and challenge them to donate today! 

We can’t continue to do this legal work without your support! From the bottom of our hearts, THANK YOU!!!!