Families’ Rights and Responsibilities Act
Sponsored By: Representative Foxx
Introduced
Summary
A federal fundamental right for parents to direct their children's upbringing, education, and health care. This bill would require the government to justify any substantial burden on that right by showing a compelling interest and using the least restrictive means.
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- Parents and families: Would recognize parental decisionmaking as a fundamental right, so federal actions that substantially burden parenting must meet the highest level of judicial review.
- Education and health decisions: Would explicitly protect the right to direct a child's education and moral or religious upbringing and to access medical records and consent to physical and mental health care. The act excludes actions that would cause serious physical injury or death.
- Enforcement and federal agencies: Would apply to all federal laws and their implementation, push courts and agencies to interpret laws in favor of parental authority, and let successful litigants recover attorney's fees under federal fee-shifting rules including 42 U.S.C. 1988(b) and certain administrative adjudications under 5 U.S.C. 504(b)(1)(C).
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Parents' right to direct kids' care
If enacted, parents’ right to direct a child’s upbringing, education, and health care would be treated as a fundamental right. Government could not substantially burden that right unless it has a compelling interest and uses the least restrictive way. Protected choices would include schooling, moral or religious teaching, and access to and consent for medical and mental health care. The Act would apply to all federal laws and actions, past and future, unless a later law clearly opts out. It would define who counts as a parent and government, and what a “substantial burden” is, including withholding benefits, penalties, or program exclusion. These protections would not apply to actions needed to prevent serious physical injury or loss of life. These rules would take effect upon enactment.
Parents could sue and recover fees
If enacted, parents could raise a claim or defense under this Act in state or federal court, or before an agency judge. Courts would apply normal standing rules. If a parent wins in court, they could seek reasonable attorney’s fees under the existing civil rights fee law. If a parent wins in an administrative hearing, they could also seek reasonable attorney’s fees. These tools would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Foxx
NC • R
Cosponsors
Weber (TX)
TX • R
Sponsored 1/23/2025
Rose
TN • R
Sponsored 1/23/2025
Miller (IL)
IL • R
Sponsored 1/23/2025
Bilirakis
FL • R
Sponsored 1/23/2025
Higgins (LA)
LA • R
Sponsored 1/23/2025
Guthrie
KY • R
Sponsored 1/23/2025
Finstad
MN • R
Sponsored 1/23/2025
Loudermilk
GA • R
Sponsored 1/23/2025
McCormick
GA • R
Sponsored 1/23/2025
Haridopolos
FL • R
Sponsored 1/23/2025
McDowell
NC • R
Sponsored 1/31/2025
Biggs (SC)
SC • R
Sponsored 4/3/2025
Nehls
TX • R
Sponsored 4/17/2025
Moore (UT)
UT • R
Sponsored 5/19/2025
Gooden
TX • R
Sponsored 6/9/2025
Donalds
FL • R
Sponsored 6/25/2025
Harrigan
NC • R
Sponsored 7/15/2025
Williams (TX)
TX • R
Sponsored 9/2/2025
Harris (NC)
NC • R
Sponsored 10/3/2025
Roll Call Votes
No roll call votes available for this bill.
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