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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY TALLMAN, CLYMER, DENLINGER, HEFFLEY, METCALFE, PICKETT, SACCONE AND SWANGER, NOVEMBER 15, 2011 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, NOVEMBER 15, 2011 |
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| A RESOLUTION |
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1 | Memorializing the Senate of the United States to reject the |
2 | United Nations Convention on the Rights of the Child. |
3 | WHEREAS, The right of parents to direct the upbringing and |
4 | education of their children is a fundamental right protected by |
5 | the Constitution of the United States; and |
6 | WHEREAS, Our nation has historically relied first and |
7 | foremost on parents to meet the real and constant needs of |
8 | children; and |
9 | WHEREAS, The interests of children are best served when |
10 | parents are free to make child-rearing decisions about |
11 | education, religion and other areas of a child's life without |
12 | state interference; and |
13 | WHEREAS, The United States Supreme Court, in Wisconsin v. |
14 | Yoder, 406 U.S. 205 (1972), held that "(t)his primary role of |
15 | the parents in the upbringing of their children is now |
16 | established beyond debate as an enduring American tradition"; |
17 | and |
18 | WHEREAS, However, in Troxel v. Granville, 530 U.S. 57 (2000), |
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1 | Supreme Court justices issued five concurring and dissenting |
2 | opinions on the nature and enforceability of parental rights |
3 | under the Constitution of the United States; and |
4 | WHEREAS, The decision in Troxel v. Granville has created |
5 | confusion and ambiguity about the fundamental nature of parental |
6 | rights in the laws and society of several states; and |
7 | WHEREAS, The United Nations Convention on the Rights of the |
8 | Child has been proposed and soon may be considered for |
9 | ratification by the United States Senate; and |
10 | WHEREAS, The United Nations Convention on the Rights of the |
11 | Child would drastically alter the fundamental right of parents |
12 | to direct the upbringing of their children; and |
13 | WHEREAS, The United Nations Convention on the Rights of the |
14 | Child has been acceded to by 192 nations worldwide and has been |
15 | cited by United States courts as "customary international law"; |
16 | and |
17 | WHEREAS, International influence is being exerted on the |
18 | United States Supreme Court, as demonstrated in Roper v. |
19 | Simmons, 543 U.S. 551 (2005), in which it was expressed that |
20 | "the Court has referred to the laws of other countries and to |
21 | the international authorities as instructive for its |
22 | interpretation" of the Constitution of the United States; |
23 | therefore be it |
24 | RESOLVED, That the House of Representatives of the |
25 | Commonwealth of Pennsylvania urge the Senate of the United |
26 | States to reject the United Nations Convention on the Rights of |
27 | the Child; and be it further |
28 | RESOLVED, That copies of this resolution be transmitted to |
29 | the President of the United States Senate and both members of |
30 | the Senate from Pennsylvania. |
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