Docket – ITL, 2/20/13 228-133
SPONSORS: Rep. Itse, Rock 10; Rep. Comerford, Rock 33; Rep. Tucker, Rock 23; Rep. Kappler, Rock 3; Rep. Baldasaro, Rock 5; Rep. Hoell, Merr 23
ANHPE Analysis:This got little support last year and will do no better this year.
Here is the calendar on this bill for the Feb 20 House session:
CHILDREN AND FAMILY LAW
CACR 3, relating to parental rights. Providing that parents have the natural right to control the health, education, and welfare of their children. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Deanna S Rollo for the Majority of Children and Family Law: The United States and the New Hampshire Supreme Courts have consistently recognized the natural rights of parents to raise their children as they see fit. This constitutional amendment, although it may be well intended, presents unintended consequences. The rights of parents have to be balanced with the best interest of the children. The House has defeated this exact amendment on three previous occasions. Vote 14-6.
Rep. Daniel C Itse for the Minority of Children and Family Law: This proposed amendment to the constitution of the State of New Hampshire would enable the people to assert their natural right to parent their children, to control the health, education and welfare of their children. This amendment affirms repeated decisions of the supreme courts of the state and United States. It would in no way diminish the legitimate power of the state to intervene in situations where parents have committed some act that amounts to forfeiture, such as abuse or neglect. It would set forth as the standard for statute or enforcement the eventual result should a family have the resources to appeal to the highest courts.
Killed in the House
from the Union Leader
The House killed a proposed constitutional amendment that would give parents natural rights to control the health, education and welfare of their children on a 228-133 vote.CACR 3 supporters Rep. J.R. Hoell, R-Dunbarton, said the question is whether it is the parent or the government who controls those under 16 years old. He said the Supreme Court has ruled in several cases supporting parental rights.“We should not be looking to the Supreme Court,” Hoell said. “We should look to constitution.”But Rep. Deanna Rollo, D-Rollinsford, argued the constitution is meant to guide society under the assumption the majority of people are law abiding citizens.“If you want to continue to change constitution to meet the needs of the few instead of the majority,” she said, “then vote for this amendment.”A similar bill was defeated four times in the last five years.