Local lawmaker touts parental-rights amendment

The Missouri House of Representatives on Thursday passed a joint resolution to put before voters a state constitutional amendment to enshrine parental rights. Proposed by Rep. Todd Richardson, R-Poplar Bluff, the bill heads to the Senate when lawmakers return from a weeklong break March 24.

Richardson said the House passed a similar version of this bill last year, but "it just didn't make it across the line in the Senate. We kind of ran out of time," he said.

The amendment would have to pass the Senate and ultimately be placed on the November ballot for voter approval before the constitution could be amended. Richardson said a number of witnesses testified and pointed to examples where the law could apply in other states. He said this measure is "proactive."

"My focus on this wasn't to address any specific instance or circumstance, but rather to put in place in the constitution that formal and fundamental right that would protect parents for any future situation that might arise," he said.

Although there is case law, Richardson said it's not written anywhere that parents have the right to raise their children as they see fit. " ... The idea here is to take an important right and enshrine it in our constitution," he said.

He added that adoptive parents would have the same rights as biological parents under the amendment.

The Missouri Times reported opposition to the bill came from some Democrats concerned the "broad language would allow parents to prevent minor women from procuring an abortion" and it would "make it harder to prosecute neglect, abuse or mistreatment."

However, Richardson said people who make this criticism haven't read the bill and it would not substantially change the way the law operates now.

"The bill makes it clear this is not going to in any way prevent abuse and neglect investigations or investigations, or prosecution of abuse and neglect cases," he said.

As for abortion, Richardson said the Supreme Court has recognized each state has to have a provision by which judicial bypass can be achieved. This is where a minor goes before a judge and the judge decides whether the minor can undergo one. Under Missouri law, a minor must have consent from a parent to have an abortion.

"We are operating in a world now where people are becoming increasingly distrustful of government. One of the ways you protect against overreaching government" is by delineating those rights in the constitution, Richardson said.

Richardson said he's "very optimistic" the bill will pass in the Senate.

Rep. Kathy Swan, R-Cape Girardeau, said parents have the right to raise their children as they wish, but this amendment affirms that right.

Swan said there is increasing concern among people, particularly about federal intervention into the lives of their families and their children.

"Because of that concern, it would seem timely at this point to make a proactive move and affirm in our constitution that parents indeed have that right to do so," Swan said.

Mike Masterson, chairman of the Cape Girardeau County Democrat Central Committee, read about Richardson's proposal Thursday morning. He noted he was speaking for himself and not on behalf of the committee.

"I think this is more intrusion into people's lives from a state representative who wants less government but is trying to pass laws to create more government, and as I said, to me it's a solution looking for a problem," Masterson said.

rcampbell@semissourian.com

388-3639