SALT LAKE CITY (August 12, 2026) — As debates over education, religious freedom, gender identity, and children’s health care continue in courts across the country, a new report from Sutherland Institute makes a simple case: Parents have the primary responsibility for raising their children, and government should respect that role.
In Parental Authority and Religious Freedom, William C. Duncan, Sutherland Institute Constitutional Law & Religious Freedom Fellow, argues that families and religious communities play a vital role in teaching children the values, habits, and responsibilities they need to become good citizens.
“Family and religion are foundational institutions because they help develop the qualities necessary for responsible citizenship,” Duncan writes. “Governments must give churches and families space to perform their essential work and also recognize their authority in constructive ways.”
The report looks at U.S. Supreme Court decisions, like last year’s Mahmoud v. Taylor, as well as state laws, and finds broad support for parents having the primary role in how their children are educated and cared for. Most states, for example, give parents some combination of advance notice, access to school curriculum, and the ability to remove their children from certain sensitive instruction.
Duncan groups claims for parental rights into three categories:
- Core rights: Parents have the right to guide their children’s upbringing, education, development, and religious life. They should also know how schools and government agencies interact with their children.
- Balanced interests: In some areas, parental decisions must be balanced with other interests, such as state education requirements, medical advice, and the growing independence of older children.
- Limits: Parental rights do not include the right to abuse or neglect a child.
The report recommends that states and local governments:
- Start with the presumption that parents have authority to protect their children.
- Give parents clear notice about school and government activities that affect their children.
- Remove barriers to parents’ participation in public programs when their decisions are based on their religious beliefs.
- Give parents a meaningful voice in school curriculum and policies that affect their children.
“Religious freedom and parental authority are not competing principles,” Duncan argues. “For many families, the ability to raise children according to their faith is itself an exercise of religious freedom.”
The report also calls for stronger protections for children and families, so parents do not have to go to court simply to exercise their rights.
Lastly, Parental Authority and Religious Freedom is meant to encourage further research and start a conversation about parental rights, religious freedom, and the role of government.
The full report can be found here.
