Republican Lawmaker Wants Constitutional Amendment To Protect Parental Rights
An Illinois Republican, Representative Mary Miller, has proposed a constitutional amendment to firmly establish and protect the rights of parents to direct the upbringing, education, and care of their children. Miller emphasized that parents have long been undermined by unelected bureaucrats and activist judges,and her amendment aims to enshrine parental authority as a fundamental right in the U.S. constitution. The amendment would also guarantee parents the freedom to choose alternatives to government schooling, such as private, religious, or homeschooling, and restrict government interference unless justified by a compelling interest.
The proposal requires a two-thirds majority in both the House and Senate and ratification by three-fourths of the states to be adopted. Despite Republican majorities, bipartisan support would be necesary. The amendment is co-sponsored by several Republican representatives and supported by conservative organizations like Concerned Women for America and Moms for Liberty.
Additionally, Miller introduced the Empower Parents to Protect Their Kids Act, a bill aimed at ensuring parents are informed if their children seek to adopt a gender identity different from their biological sex, empowering parents to take legal action against schools that violate this provision. This bill has support from Republican senators Jim Banks and Tom Cotton.
An Illinois Republican is proposing a constitutional amendment to ensure the rights of parents to guide their children is never taken away.
Rep. Mary Miller, a Republican from Illinois, said that American parents must have protection for their fundamental right to raise their children as they see fit.
“For too long, unelected bureaucrats and activist judges have trampled on the role of parents, treating them as obstacles, instead of the primary protectors and decision-makers for their children,” Miller said, according to the Daily Signal.
“That must end,” she added.
The amendment would establish “the liberty of parents to direct the upbringing, education, and care of their children” as a “fundamental right.”
Miller said her amendment “will enshrine this truth in the United States Constitution, ensuring once and for all that parents, not the government, hold the ultimate authority and responsibility for the upbringing, education, and care of their children.”
🚨BREAKING: Rep. Miller Proposes Amendment Enshrining Parental Rights in the U.S. Constitution
“For too long, unelected bureaucrats and activist judges have trampled on the role of parents, treating them as obstacles, instead of the primary protectors and decision-makers for… pic.twitter.com/XSCBXDB3qg
— Rep. Mary Miller (@RepMaryMiller) September 19, 2025
The resolution says that a parent has the right to choose an alternative to a government school, such as a private, religious, or home school.
“Neither the United States nor any State shall infringe these rights without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served,” the proposed amendment said.
The amendment would need two-thirds approval from the House and Senate. Although Republicans have majorities in each branch of Congress, they fall short of the required level, meaning the proposal would need the support of at least some Democrats.
After passage in Congress, three-fourths of the states would need to approve the proposed amendment.
The proposal is co-sponsored by Republican Reps. Sheri Biggs of North Carolina, Ashley Hinson of Iowa, Mike Collins of Georgia, Addison McDowell of North Carolina, Ben Cline of Virginia, and Greg Steube of Florida.
Concerned Women for America, the Family Research Council, Independent Women’s Forum, Parents Defending Education, Moms for Liberty, and the Alliance Defending Freedom are on record in support of the amendment.
Earlier this month, Miller also proposed the Empower Parents to Protect Their Kids Act.
This bill bans K–12 schools from keeping parents in the dark about a student trying to adopt an identity that differs from his or her true sex, according to a news release on her website.
Parents would be empowered to sue schools that violate the law.
“Parents have the God-given right and duty to raise their children without being deceived by extremists in public education,” Miller said. “We must end the radical gender ideologies being pushed on our children and give parents the power to fight back.”
Republican Sens. Jim Banks of Indiana and Tom Cotton of Arkansas are supporting a companion bill in the Senate.
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