Bill Text: MS SB2897 | 2025 | Regular Session | Comm Sub
Bill Title: Fundamental rights of parents; codify.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-31 - Title Suff Do Pass Comm Sub [SB2897 Detail]
Download: Mississippi-2025-SB2897-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Senator(s) McCaughn
Senate Bill 2897
(COMMITTEE SUBSTITUTE)
AN ACT TO CODIFY THE FUNDAMENTAL RIGHTS OF PARENTS; TO STATE LEGISLATIVE FINDINGS; TO PROVIDE THAT THE LIBERTY INTEREST OF A PARENT IN THE NURTURE, EDUCATION, CARE, CUSTODY, AND CONTROL OF THE PARENT'S CHILD IS A FUNDAMENTAL RIGHT; TO PROVIDE THAT NO AGENCY OR OFFICER OF THIS STATE NOR ANY AGENCY OR OFFICER OF ANY SUBDIVISION OF THIS STATE SHALL INFRINGE UPON FUNDAMENTAL PARENTAL RIGHTS EXCEPT AS PROVIDED BY LAW NARROWLY TAILORED TO MEET A COMPELLING GOVERNMENTAL INTEREST BY THE LEAST RESTRICTIVE MEANS; TO PROVIDE A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING FOR A PERSON WHOSE FUNDAMENTAL PARENTAL RIGHTS HAVE BEEN INFRINGED UPON IN VIOLATION OF THIS SECTION; TO CLARIFY THIS SECTION'S EFFECT ON OTHER LAWS OF THIS STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature of Mississippi finds and declares the following:
(a) The Mississippi Supreme Court and the United States Supreme Court have recognized that parents have a fundamental right to direct the upbringing of their children.
(b) The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care and control of their children.
SECTION 2. (1) The liberty interest of a parent in the nurture, education, care, custody, and control of the parent's child is a fundamental right.
(2) No agency or officer of this state nor any agency or officer of any subdivision of this state shall infringe upon fundamental parental rights except as provided by law narrowly tailored to meet a compelling governmental interest by the least restrictive means.
SECTION 3. (1) A person whose fundamental parental rights have been infringed upon in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the government.
(2) A person who prevails in an action brought pursuant to this section shall be entitled to declaratory relief or injunctive relief.
SECTION 4. (1) Nothing in this section shall be construed to allow an individual to commit child abuse or otherwise violate Section 97-5-39. Further, nothing in this section shall be construed to infringe upon the processes and procedures related to the state foster care system and children in the custody of the Mississippi Department of Child Protection Services.
(2) If a child has no affirmative right of access to a particular surgical, medical, or mental health procedure or service, then nothing in this section shall be construed to grant that child's parent an affirmative right of access to that procedure or service on that child's behalf.
(3) (a) This section applies to all state laws, rules, regulations and any municipal or county ordinances, rules or regulations and the implementation of those laws, whether statutory or otherwise, and whether adopted before or after July 1, 2025.
(b) Any such law, rule, regulation or ordinances adopted after July 1, 2025, shall be subject to this section unless such law explicitly excludes such application by reference to this section.
SECTION 5. This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.
