From ‘Resolutionary’ to Victor

On Monday, October 6, I had the pleasure of attending the annual Fall Dinner of the Indiana Family Institute, as they gathered to celebrate recent legislative victories and honor parental rights champions in their state.

Now, one champion there is a very private individual, but she agreed to let me share her story, as long as I don’t use her name. I’m going to call her Esther, because she was there “for such a time as this.” (IYKYK)

On that Monday night, IFI was celebrating this year’s passage of Indiana Senate Bill 143, Parental Rights. Senator Liz Brown, who championed the bill, was in attendance and was recognized, as were several other lawmakers who voted for the bill.

Starting a Resolution

But protecting parental rights in the Hoosier State didn’t start there in January.

“It started with the ‘Resolutionary Campaign,’” Esther reminded me. “That’s really what got me going.”

Now, in case you don’t remember, our “Resolutionary Campaign” in September of 2018 aimed “to launch resolutions in as many states as possible—resolutions whereby your state lawmakers urge the 2019 Congress to pass the Parental Rights Amendment (PRA).”

Well, Esther took that charge seriously and began reaching out to Indiana lawmakers about a resolution.

Over the next few months, two remarkable things happened. First, when Esther reached out to a homeschooling father in the Senate, Senator Dennis Kruze, his office put together a meeting not only with Esther’s family, but with Senator Liz Brown, as well. Senator Brown had championed a parental rights bill in 2014 that didn’t get out of committee.

Second, when Esther sat down with the two lawmakers, they not only agreed to introduce a resolution (which didn’t make it out of committee in 2019), but they also concluded, “We (that is, the Indiana legislature) should be doing this”—not just asking Congress to do it. And so the idea of a fundamental parental rights statute was born.

All of that was seven years ago.

Since that time, Esther and her family have not once let up. They have faced challenges of their own, including long term health issues with multiple family members. But they never stopped pushing for this Indiana legislation.

In the last few years, Esther developed relationships not only with Indiana lawmakers, but with the terrific leaders at the Indiana Family Institute and Alliance Defending Freedom (ADF), both of whom became powerful on-the-ground allies in the cause.

Along the way, I took a lot of phone calls from Esther and answered a lot of questions about parental rights, strict scrutiny, and good language that Indiana could pass that would really mean something for families.

Paying the Price

Sadly, during that same time period, other Indiana families were paying a high price because parental rights were not already protected.

One couple lost custody of their 16-year-old son because of his gender confusion. There were no accusations of abuse, neglect, or any other form of unfitness, yet a judge decided to punish these parents for how they chose to parent according to their (traditional mainstream) beliefs—a blatant violation of their fundamental parental rights.

Then there was the school counselor, summarily fired after twenty-five years of faithful service, because she spoke to the press about her school’s policy of secretly transitioning students to another sex without ever notifying the student’s parent. Schools were undertaking serious mental health treatment for minors without any form of parental consent. I had the honor of meeting that counselor at IFI’s dinner, too. Her case is ongoing in the courts.

While these cases were certainly devastating for the families and communities involved, they nevertheless served a powerful purpose: They showed lawmakers in deep red Indiana that yes, we do in fact need a law to preserve parental rights. 

Victory at Last

Finally, after multiple attempts came up short, Senator Brown introduced Senate Bill 143 in January of this year. We wrote a letter of support and encouraged our followers in Indiana to let their lawmakers know they support it, too. Allies at ADF and IFI testified in hearings and appeared at rallies to further bolster the campaign. And on April 22, Governor Mike Braun signed SB 143 into law.

Today, parents’ right to see all of their child’s school records is protected. The law states:

“A governmental entity may not substantially burden a parent’s fundamental right to direct the:

     (1) upbringing;

     (2) religious instruction;

     (3) education; or

     (4) health care

Of the parent’s child, unless the burden, as applied to the parent and the child, is required to advance a compelling governmental interest and is the least restrictive means of advancing that governmental interest.”

In case you’re new to this newsletter, I’ll point out that the last part of that is the very definition of “strict judicial scrutiny,” and is the very highest standard of legal scrutiny available. It is a very high bar for state actors to reach.

Further, the law includes a “private right of action” whereby parents can sue governmental agencies, including schools or child welfare agencies, who violate these decision-making rights.

It is one of the tightest and strongest parental rights laws in the country, passed with bipartisan support. And it is our hope that other states will follow Indiana’s example.

Monday was a special joy for me, because after countless phone calls and emails over the years, I was able to meet my friend Esther and her beautiful family for the very first time. And it was a special privilege to be a part of honoring them in this ultimate legislative victory for Indiana families.

Now, who will be Esther in your state?