Strict Scrutiny Provisions for Parental Rights

Over the last few years, Christian nationalist organizations and activists have increasingly sought to use so-called “parental rights” both as a wedge issue politically and as a legal framework to pursue their agenda. For example, a number of states have considered or passed Parents’ Bill of Rights legislation (see partner perspective), which include specific language intended to allow a fringe minority of religious activists to exercise disproportionate control over schools, at the expense of young people, educators, and parents.

This map shows states with laws that undermine the rights of young people by providing special protection for “parental rights.” Using a similar framework as Religious Freedom Restoration Acts, these laws subject any infringement on “parental rights,” a broad and poorly defined concept, to strict scrutiny analysis. In other words, whenever government protections for children conflict with the beliefs and actions of parents, the government must meet a rigid legal test or make a special exception for those parents.

These laws can greatly limit the ability of state agencies to protect young people and enable them to exercise their own rights to safety, education, religious freedom, health care, or free speech. Further, these laws set the stage for future litigation by a fringe minority of religious activists to define “parental rights” in ways that further their agenda.