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Lawmaker to Propose Amendment Enshrining Parental Rights in the Constitution

by Elizabeth Troutman, Daily Signal
September 22, 2025

(The Daily Signal)—Rep. Mary Miller, R-Ill., will propose a constitutional amendment to establish the freedom of parents to raise and educate their children as a fundamental right.

“For too long, unelected bureaucrats and activist judges have trampled on the role of parents, treating them as obstacles, instead of the primary protectors and decision-makers for their children,” Miller told The Daily Signal. “That must end.”

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“My Parental Rights Amendment will enshrine this truth in the United States Constitution, ensuring once and for all that parents, not the government, hold the ultimate authority and responsibility for the upbringing, education, and care of their children.”

The amendment would establish “the liberty of parents to direct the upbringing, education, and care of their children” as “a fundamental right.”

Miller’s joint resolution to amend the Constitution says a parent’s right to direct his or her child’s education includes the right to choose private, religious, or home schools as an alternative to public school. It also includes the right to make reasonable choices within public schools for one’s child.

“Neither the United States nor any State shall infringe these rights without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served,” the proposed amendment says.

The joint resolution would have to be approved by two-thirds majority votes in both the House of Representatives and the Senate and then ratified by the votes of three-fourths of the states, or by a constitutional convention called for by two-thirds of the state legislatures, then similarly ratified by three-quarters of the states.

Republican Reps. Sheri Biggs of North Carolina, Ashley Hinson of Iowa, Mike Collins of Georgia, Addison McDowell of North Carolina, Ben Cline of Virginia, and Greg Steube of Florida are co-sponsoring the joint resolution.

Conservative organizations, including Concerned Women for America, the Family Research Council, Independent Women’s Forum, Parents Defending Education, Moms for Liberty, and Alliance Defending Freedom, support the amendment.

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