Louisiana 2023 Regular Session

Louisiana House Bill HB152

Introduced
3/23/23  
Introduced
3/23/23  
Refer
3/23/23  
Refer
3/23/23  
Refer
4/10/23  
Refer
4/10/23  
Report Pass
5/8/23  

Caption

(Constitutional Amendment) Provides relative to fundamental parental rights

Impact

If passed, HB152 would significantly alter the legal framework surrounding parental rights in Louisiana. It would enshrine these rights in the state's constitution, which could lead to more robust protections against state regulations and interventions perceived to undermine parental authority. Any future laws that might infringe upon these established rights would be subjected to 'strict scrutiny,' raising the bar for any state action regarding family and child welfare issues.

Summary

House Bill 152 proposes a constitutional amendment to recognize and protect parental rights in Louisiana. It establishes the idea that parents have a fundamental right to raise their children in accordance with their own values and traditions. This encompasses making decisions about children's residence, education, moral and ethical training, healthcare, and discipline, asserting that the relationship between parent and child is paramount for a child's well-being. Furthermore, the bill emphasizes that state intervention in family matters should be minimal, only occurring in cases of serious threats to family integrity.

Sentiment

The sentiment surrounding HB152 appears mixed, with proponents arguing that it is crucial for maintaining family integrity and protecting parental control over child-rearing decisions. Opponents, however, express concern that the legislation could hinder necessary state protections for children in situations of abuse or neglect, as it may restrict the ability of the government to intervene in family matters for the child's safety if needed. This divide reflects broader national debates on parental rights versus child welfare.

Contention

One notable point of contention in discussions regarding HB152 revolves around balancing parental rights with the state's obligation to protect children. Critics fear that elevating parental authority to a constitutional level may reduce the state's ability to act in the best interests of the child, particularly in cases of abuse or neglect. Additionally, the language of the bill raises questions about what constitutes a 'serious threat' to the family, which may vary widely depending on individual circumstances and interpretations by the courts.

Companion Bills

No companion bills found.

Previously Filed As

LA HB148

Fundamental rights of parents; provided for, constitutional amendment

LA HB485

(Constitutional Amendment) Provides relative to parental rights (OR SEE FISC NOTE GF EX)

LA HB148

Fundamental rights of parents; provided for, constitutional amendment

LA SB2897

Fundamental rights of parents; codify.

LA S0859

Affirming Fundamental Constitutional Rights

LA HJR1

Constitutional amendment; fundamental right to reproductive freedom (first reference).

LA HB1081

Parental rights; authorize fundamental to direct upbringing of children.

LA SJR1

Constitutional amendment (second reference); fundamental right to reproductive freedom.

LA HJR1

Constitutional amendment (second reference); fundamental right to reproductive freedom.

LA SJR247

Constitutional amendment; fundamental right to reproductive freedom (first reference).

Similar Bills

LA HB472

(Constitutional Amendment) Revises Article VII of the Constitution of La. (OR -$139,000,000 GF RV See Note)

NJ ACR123

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR75

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR43

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

LA HB244

(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)

LA HB678

(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)

LA HB473

(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.