The Maine State Legislature’s Judiciary Committee held a public hearing on Friday for a “common sense and natural order” bill from Rep. Elizabeth Caruso (R-Caratunk) that would codify into law the fundamental right of parents to direct their children’s upbringing, education, and care.
“[The bill] seeks to establish that parents have the right and the responsibility to make decisions that are in the child’s best interest without undue interference from the government. It’s the parents, not governments or industries, who know and love their individual children best,” said Rep. Caruso.
“These rights, while seemingly self-evident, merit explicit legislative protection in our evolving social landscape to re-establish parental authority,” she added.
Her bill, LD 1974, drew support from five Republican co-sponsors and no Democrats signed onto the bill.
Caruso’s proposal inserts new, identical language into two sections of state law: those governing education as well as health and welfare. The proposed bill establishes that parents are the natural guardians, jointly entitled to the care, custody, and control over their children. Notably, the bill clarifies that neither parent has any greater rights regarding their children.
This provision could potentially prevent one parent from unilaterally making irreversible and life-altering changes to a child’s health against the objections of the other. Practically, this provision could come into effect in a case where one parent wants to facilitate a child’s gender transition while the other remains opposed.
The bill also establishes a fundamental right for parents to direct the upbringing, education, and care of their children.
This provision could come into effect in numerous ways, potentially including situations in which a school allows a child to “socially transition” and present themselves as the opposite sex at school while keeping that social transition a secret from the child’s parents.
Caruso was careful to include a provision in her bill clarifying that nothing in it should be construed to impact decisions made by a court regarding parental rights and responsibilities, such as custody issues.
She faced seemingly hostile questions from committee members. One committee member, Dani O’Halloran (D-Brewer), suggested that Caruso and other supporters of the bill were choosing between parental rights and protecting minors from sexually transmitted diseases.
“Is it more important that children are protected from possible pregnancy or STDs to you or this group, or is it more important that the parent have total control,” said Rep. O’Halloran.
She continued berating Caruso with hostile questions until she was eventually stopped by committee chair Sen. Anne Carney (D-Cumberland), who reminded O’Halloran that public hearings are not the place for arguments between legislators.
The bill drew only a few testimonies on both sides. While wearing a mask, Laura Harper testified on behalf of Maine Family Planning, an organization that provides abortions and “gender-affirming care.” She expressed concerns that the bill would prevent children from receiving abortions and transgender drugs and surgeries without parental knowledge or consent.
“Not every teen feels safe involving a parent or guardian in these conversations, and unfortunately, if this bill were to become law, we know many teen patients would stop getting the time sensitive health-care they need,” said Harper.
The American Civil Liberties Union (ACLU) of Maine also submitted testimony against the bill.
“Parental rights to direct their child’s care cannot be absolute: in some cases, those rights must give way to protect a child’s safety and well-being. For example, the Supreme Court of the United States has long held that parental rights in education are not absolute,” said the ACLU.
“By adding an absolute right for parents to direct all aspects of their children’s lives, including education, this bill would threaten children’s safety in favor of parental control,” they added.
Planned Parenthood also opposed the bill.
Harris Van Pate submitted testimony in favor of the bill on behalf of the Maine Policy Institute.
“Across the country and even here in Maine, there is a growing movement to reduce the role of parents in critical decisions affecting their children, particularly in education and health care. As government agencies and school systems assert increasing authority over students, too often parental input is treated as secondary or even obstructed,” he said.
“LD 1974 places a crucial safeguard in Maine law to counter this trend. It recognizes that parents are the joint natural guardians of their minor children, with neither parent holding greater authority than the other, and that this relationship includes a constitutionally protected liberty interest in directing their children’s upbringing,” he added.
The bill is scheduled for a work session on Wednesday, although it faces an uphill climb, given the hostile attitude of many committee members.
Disclaimer: The Maine Wire is a project of the Maine Policy Institute
