Proposing a constitutional amendment affirming the rights and responsibilities of parents.
Summary
SJR 34 proposes a constitutional amendment to add a new section to Article I of the Texas Constitution affirming that parents have both the responsibility to nurture and protect their children and a corresponding fundamental right to exercise care, custody, and control over them. The amendment also expressly recognizes a parent’s right to make decisions concerning a child’s upbringing. If approved by voters, the amendment would become part of the Texas Constitution rather than ordinary statute.
The measure is set for submission to Texas voters at the November 4, 2025 election under the ballot language stating that parents are the primary decision makers for their children. Because it is a constitutional amendment, it would establish a higher-level legal protection for parental rights in Texas and could affect how state and local laws are interpreted when they touch on child-rearing, custody, education, medical decisions, and other matters involving children and parents.
Impact
SJR 34 would amend the Texas Constitution by adding a new parental-rights provision to Article I, creating a constitutional basis for claims that parents have a fundamental right to direct the care, custody, control, and upbringing of their children. This could influence future legislation, administrative rules, and court decisions by requiring government actions affecting children to account for the constitutionally protected role of parents. It does not itself change a specific statute, but it would likely shape the interpretation and application of family law, education policy, child welfare, and related state actions if adopted by voters.
Sentiment
The bill appears to have broad legislative support, with unanimous Senate approval and strong House approval despite some opposition. The Senate passed the measure 31-0 and later concurred in the House amendment 31-0, while the House adopted it 112-22 with two present not voting. That voting pattern suggests the overall sentiment was favorable, with the proposal framed as a protection of parental authority and family autonomy.
Contention
The main point of contention is the scope of parental authority versus the state’s role in protecting children and regulating matters such as education, health care, and child welfare. Supporters likely view the amendment as a safeguard for family decision-making and a constitutional recognition of parents’ primary role. Opponents, reflected in the 22 House no votes, may have concerns that the language could be used to challenge existing laws or policies involving minors, or to limit government intervention where child safety or public interests are at stake.
Enacting the affirming parental rights act to require school districts to provide parents with an affirming parental rights document, requiring the investigation of parental rights violations and establishing certain remedies for parents aggrieved by such violations.