Action AlertSenate Bill 143 was introduced on January 8, 2025, in the Indiana Senate. As of January 28, 2025, this bill has passed the Senate and is now in the House of Representatives.
SB 143 protects parental rights from government interference in the areas of upbringing, religious instruction, education, and health care.
HSLDA supports SB 143, and we will be carefully watching for any amendments that could negatively impact the right to homeschool.
WHAT SHOULD I DO?
Contact your state representative to voice your support of SB 143 and parental rights.
First, HSLDA was founded to preserve the “fundamental, God-given constitutional rights of parents and others legally responsible for children, to responsibly control the education of their children.” That’s right in our Articles of Incorporation. But what does the law mean when it says a right is “fundamental”? That means that when an action is challenged by the government in court, like the right of a parent to choose an educational option for their child, then the court must use what is called the “strict scrutiny” standard. That means that the State or its subdivisions (like schools or counties) are prohibited from “substantively burdening” these rights unless it is to further a compelling governmental interest by the least restrictive means. Currently, Indiana law has not codified that standard in its statutes, so courts right now could use a different standard that gives the government more rights.
Second, as the Parental Rights Foundation says, “This bill has teeth: It grants parents the right to cite the statute as a defense any time the State is in violation of their rights; and it permits them to seek declaratory or injunctive relief, damages, and lawyers’ fees in the event the State violates parental rights in bad faith.”
Third, the bill is well-crafted to protect both children’s and parents’ rights. The state still has the ability to protect children from abuse or neglect. The bill deliberately states that no parent has a right to abuse or neglect a child.
Protect Families’ Rights. Support SB 143.
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