In a new Sutherland Institute report this week, I explore the overlap of religious freedom and parental authority.
Faith and family are the preeminent examples of institutions that are necessary for self-government, but cannot be created by the government. The Framers of the U.S. Constitution recognized them as the setting for most people to develop the qualities necessary to contribute to and preserve a decent society.
This has been recognized in explicit and implicit ways in our nation’s laws and traditions throughout its history. Recently, the U.S. Supreme Court has been asked to apply these constitutional protections in educational and medical care contexts.
The report describes the constitutional sources that recognize parental authority. It discusses the series of U.S. Supreme Court cases outlining the constitutional protections of fit parents, many times in combination with protections of religious freedom. This is as it should be since many parents see directing their children’s upbringing as a core religious duty.
States also play a critical role in protecting parents’ ability to influence their children. State laws provide a structure for the exercise of these rights, particularly in school. States are not uniformly supportive of parents, however. Thus, recent court decisions and pending cases have had to grapple with how constitutional protections recognized since the Framing apply to novel scenarios like controversial curriculum and medical interventions.
This is not to say that every claim from parents is deserving of the same weight. If a parent is fit, the states should keep parents and children together and allow parents to influence their children’s lives, keeping the parents informed and facilitating communication between them and their children.
Sometimes, parents’ rights will have to be balanced with appropriate state interests. Parents can appropriately be expected to ensure their children are educated and cared for. Parents do not have a right to abuse or neglect their children.
The report describes these principles in detail. It also concludes with some policy recommendations that can ensure children receive the most essential protection they can be given – the influence of good parents.
