HB 148

HB148 INTRODUCED
1 HB148
2 HG17788-1
3 By Representative Paschal   (Constitutional Amendment)
4 RFD: Judiciary
5 First Read: 13-Jan-26
6 PFD: 12-Jan-26
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 HG17788-1 01/12/2026 GP (L)lg 2025-3668
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4 SYNOPSIS:
5Existing state statute enacted by the
6Legislature in 2023 recognizes the fundamental rights
7of parents to direct the education, upbringing, care,
8and control of their children and references the
9recognition of those parental rights by the Alabama
10Supreme Court and the United States Supreme Court.
11This bill would propose an amendment to the
12Constitution of Alabama of 2022, to provide that: (i)
13parents have a fundamental right to direct the
14education, upbringing, care, custody, and control of
15their children; and (ii) the government may not burden
16that right unless the government demonstrates that the
17burden as applied to the parent is in furtherance of a
18compelling government interest and the government uses
19the least restrictive means possible to further that
20interest.
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23A BILL
24TO BE ENTITLED
25AN ACT
26
27Proposing an amendment to the Constitution of Alabama
28 of 2022, to provide that parents have a fundamental right to
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29 direct the education, upbringing, care, custody, and control
30 of their children; and to provide that the government may not
31 burden certain fundamental rights of parents.
32 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
33Section 1. The following amendment to the Constitution
34 of Alabama of 2022, is proposed:
35PROPOSED AMENDMENT
36(a) Each parent has the fundamental right to direct the
37 education, upbringing, care, custody, and control of his or
38 her child.
39(b) The government may not burden the fundamental right
40 of a parent to direct the education, upbringing, care,
41 custody, and control of his or her child unless the government
42 demonstrates that the application of the burden as applied to
43 the parent is in furtherance of a compelling governmental
44 interest and the government uses the least restrictive means
45 possible to further that interest.
46Upon ratification of this constitutional amendment, the
47 Code Commissioner shall number and place this amendment as
48 appropriate in the constitution omitting this instructional
49 paragraph and may make the following nonsubstantive revisions:
50 change capitalization, hierarchy, spelling, and punctuation
51 for purposes of style and uniformity; correct manifest
52 grammatical, clerical, and typographical errors; revise
53 internal or external citations and cross-references; harmonize
54 language; and translate effective dates.
55END OF PROPOSED AMENDMENT
56Section 2. An election upon the proposed amendment
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57 shall be held in accordance with Sections 284 and 285 of the
58 Constitution of Alabama of 2022, and the election laws of this
59 state. The appropriate election official shall assign a ballot
60 number for the proposed constitutional amendment on the
61 election ballot and shall set forth the following description
62 of the substance or subject matter of the proposed
63 constitutional amendment:
64"Proposing an amendment to the Constitution of Alabama
65 of 2022, to provide that each parent has a fundamental right
66 to direct the education, upbringing, care, custody, and
67 control of his or her children, and that the government may
68 not burden that fundamental right unless the government
69 demonstrates that the application of the burden as applied to
70 the parent is in furtherance of a compelling governmental
71 interest and uses the least restrictive means possible to
72 further that interest.
73Proposed by Act ____."
74This description shall be followed by the following
75 language:
76"Yes( ) No( )."
77Section 3. The proposed amendment shall become valid as
78 a part of the Constitution of Alabama of 2022, when approved
79 by a majority of the qualified electors voting thereon.
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