Gotta say, Protests won't do it.
Complaining about the law and those involved in the legal arena won't do it.
It's one case at a time, and one precious family at a time.
May you find strength in your Higher Power,
Granpa Chuck
National Coordinator
~~~~email from the Parental Rights Organization~~~~
Scalia Would End Parental Rights
-- November 19, 2015
Supreme Court Justice Antonin Scalia, were it left to him, would end the Court’s recognition of parental rights as constitutional rights.Based on remarks he presented to the Georgetown University School of Law this week,
According to an article at Education Week, Scalia told a group of first-year law students that “many important rights are not contained” in the Constitution. “For example, my right to raise my children the way I want. To teach them what I want them taught, not what Big Brother says. That is not there.”
Scalia warned that “the notion that everything you care a lot about has to be in the Constitution is a very dangerous notion.” From there he attacked the substantive due process theory on which fundamental parental rights currently rests. “[D]on’t get me started on substantive due process,” he offered.
At least Scalia is consistent. In his dissent in the Supreme Court’s most recent parental rights case, Troxel v. Granville, 530 U.S. 57 (2000), he claimed that “I do not believe that the power which the Constitution confers upon me as a judge entitles me to deny legal effect to laws that (in my view) infringe upon” parental rights (emphasis in original).
In that dissent Scalia admits that he believes parental rights are “among the ‘unalienable rights’ with which the Declaration of Independence proclaims ‘all men…are endowed by their Creator.’ And in [his] view, that right is also among the ‘othe[r] [rights] retained by the people’…” under the Ninth Amendment. Nevertheless, he would rob parents of constitutional protection on the basis that the right is implied rather than enumerated in the Constitution.
If this is the position of the Court’s bastion of conservatism, what hope do parents have with its more progressive members?
Scalia’s dissent is not binding. The plurality opinion in Troxel continues to recognize fundamental parental rights established in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). But they denied them the same strict scrutiny protection afforded other fundamental rights.
As a result, parental rights are subjected to the whims of judges on a case by case basis, with different standards applied all across the country.
Judges must call them “fundamental,” but can treat them however they like. This is why we need the proposed Parental Rights Amendment (PRA), which will soon be filed in Congress.
The PRA will restore one high legal standard for parental rights in every courtroom in America, protecting “the liberty of parents to direct the upbringing, education, and care of their children [as] a fundamental right.” But we need your help to make it happen.
Will you please consider a special one-time gift of $35, $50, or even $150 to continue ParentalRights.org’s drive to protect parental rights?
We cannot afford for Scalia’s view to continue to spread unchallenged. We cannot afford to see parental rights left to the whims of the same Court that has done so much to erode them in the first place. Even worse, we can’t let them be pushed aside simply because they aren’t spelled out in the black and white of the Constitution’s text.
Your donation today will support our efforts to secure parental rights sponsors on both sides of the congressional aisle.
With bipartisan support, we can answer Scalia’s challenge by putting parental rights into the text after all.
We must combat Scalia’s message with one of support for traditional parental rights. Can we count on your help today?
Sincerely,
Michael Ramey
Director of Communications & Research
Director of Communications & Research
P.S. – If you can’t help today or if you plan to give again, consider “Giving Tuesday,” coming December 1. We know as parents you give every day – especially to your children. If you donate to charity this “Giving Tuesday,” consider helping us give back to you.
P.O. Box 1090 Purcellville, VA 20134 * (540)-751-1200 * info@parentalrights.org |
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,GranPa Chuck
May you find Strength in Your Higher Power,GranPa Chuck
Researcher, Editor, Publisher, Collector
Click HERE to learn "How To Win In Court" ... without a lawyer
Click HERE to learn "How To Win In Court" ... without a lawyer
SOURCE~ Defend Yourself -- Be that ONE Small Voice: End of PARENTAL RIGHTS?? Thanks Scalia
General Assembly | Amendment | ||||
January Session, 2013 | LCO No. 8687 | ||||
*HB0668508687HDO* | |||||
Offered by: | |||||
REP. FOX, 146th Dist. SEN. FASANO, 34th Dist. |
To: Subst. House Bill No. 6685 | File No. 736 | Cal. No. 515 |
"AN ACT ESTABLISHING A TASK FORCE TO STUDY LEGAL DISPUTES INVOLVING THE CARE AND CUSTODY OF MINOR CHILDREN. "
Strike everything after the enacting clause and substitute the following in lieu thereof:
"Section 1. (Effective from passage) (a) There is established a task force to study (1) the role of a guardian ad litem and the attorney for a minor child in any action involving parenting responsibilities and the custody and care of a child, (2) the extent of noncompliance with the provisions of subdivision (6) of subsection (c) of section 46b-56 of the general statutes and the role of the court in enforcing compliance with said subdivision, and (3) whether the state should adopt a presumption that shared custody is in the best interest of a minor child in any action involving the custody, care and upbringing of a child. Such study shall include, but not be limited to, an examination of state statutes applicable to an action involving the custody, care and upbringing of a child, and the costs associated with contested divorce actions, including, but not limited to, expert witness fees and attorneys' fees including the fees of guardians ad litem and attorneys for the minor children. Such study may include recommendations for legislation on matters studied by the task force.(b) The task force shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives, who shall be a practicing attorney with significant experience in the handling of child custody matters in state courts;
(2) One appointed by the president pro tempore of the Senate, who shall be a practicing attorney with not less than ten years' experience serving as a guardian ad litem or an attorney for the minor child in child custody matters in state courts;
(3) One appointed by the majority leader of the House of Representatives, who shall be a licensed mental health professional with expertise in child custody forensic evaluations;
(4) One appointed by the majority leader of the Senate, who shall be an employee of the Court Support Services Division of the Judicial Department;
(5) One appointed by the minority leader of the House of Representatives, who shall be a mental health professional with expertise in working with family systems;
(6) One appointed by the minority leader of the Senate, who shall have personal or professional experience in matters involving allegations of one parent engaging in a persistent pattern of denigrating the other parent in the presence of a minor child in order to negatively influence the child's perception of the parent and alienate the child's affections for the parent, made in the context of a proceeding involving the custody, care and upbringing of a minor child;
(7) Two jointly appointed by the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, one of whom shall be a member of said joint standing committee; and
(8) Two jointly appointed by the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to children, one of whom shall be a member of said joint standing committee.
(c) Any member of the task force appointed under subdivisions (1) to (8), inclusive, of subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than forty-five days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary shall serve as administrative staff of the task force.
(g) Not later than February 1, 2014, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or February 1, 2014, whichever is later. "
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 | from passage | New section |
No comments:
Post a Comment