Parental rights bill stalls over debate about impact on child custody

Parental rights bill stalls over debate about impact on child custody

A vote on an Alabama parental rights bill was postponed after a lengthy debate on the House floor Tuesday, where lawmakers called the legislation “confusing” and accused its author of personal motives.

HB6, authored by Rep. Kenneth Paschal, R-Pelham, prohibits the government from interfering with the “fundamental rights of parents” unless it is “narrowly tailored” and there is a “compelling state interest.”

The bill doesn’t establish any new rights or take any away, Paschal said. Instead, he said HB6 is a “proactive” bill meant to codify existing case law that notes the importance of a parent’s role in a child’s life.

Paschal’s bill passed through committee last month with no objections. But debate on the bill and a proposed amendment quickly got personal Tuesday.

Read more: Parental rights bill advances: What would an Alabama law do?

“I have a problem when you come in here talking about fundamental rights, when all you do is take away and attempt to strip away the rights of those who so much depend on us coming here today,” Rep. Juandalynn Givan, D-Jefferson County, told Paschal on the stand, alleging Paschal had brought the bill because of a “personal situation.”

Debate on the bill

“In Alabama we do a great job as far as defense,” Paschal said Tuesday while explaining the legislation. “But if you stay on defense, you lose ground.”

On the stand Tuesday, House Democrats questioned Paschal on the intent of the legislation, and whether it would impact ongoing custody cases or the work of other state agencies meant to protect children.

Givan suggested that the bill was another attempt to change state child custody guidelines. In 2022, Paschal filed a bill that would weight family court custody decisions toward joint custody. It did not pass.

“Who is it we don’t trust?” Rep. AJ McCampbell, D-Demopolis, asked Paschal. “Are we saying we don’t trust ourselves? Are we saying we don’t trust the citizens of Alabama?”

“This bill is not about child custody,” Paschal said. “This bill is to acknowledge the simple fact that … kids are a gift from above, God. So we have God, parents and the government, and you have to put them in order.”

Others critiqued Paschal’s voting record on other child health and safety issues.

“When we come up with stuff like this, we need to walk the walk,” said Rep. Rolanda Hollis, D-Birmingham.

Two Republicans spoke in favor of the bill.

Rep. Ernie Yarbrough, R-Trinity, called it an important protection against so-called efforts to “destroy the sovereignty of the family.”

“The reason why this bill is important is because the fundamental principle of parental rights is under attack,” he said, noting current debates about gender-affirming care, which he called “chemical castration,” and efforts to examine classroom and teacher training material.

‘God does not dwell in confusion’

Critics have been sounding the alarm about similar parental rights bills recently passed in conservative states.

Last year, Florida passed a law with similar language aimed at parental rights that restricts certain classroom curriculum and instruction. At least 14 other states have followed suit.

In a recent interview with AL.com, Ailen Arreaza, executive director of the nonprofit research organization ParentsTogether, said parental rights bills like Alabama’s are “intentionally vague” efforts to “distract and divide parents.”

Other advocates told The Reflector they were concerned that the bill failed to define “unfit parents,” and worried its broad language may criminalize parents of transgender youth.

“I would like to think the law would include me, my husband, and our doctor’s judgements about what is best for my transgender child, but somehow feel they would see the transgender as a ‘compelling reason’ to deny my rights,” Cardelia Howell-Diamond, a parent to two transgender teenagers, told the Reflector.

On the stand, Paschal repeatedly brought up Biblical references about the role of parents in their childrens’ lives, calling his bill a protection of both “God and country.”

“When you bring God into this conversation, God does not dwell in confusion,” said Rep. Barry Forte, D-Eufaula. “You sound like this bill is a personal thing with you. Is it or is it not?”

After more questioning, Paschal said the bill was sponsored by about six different organizations, including the Alliance Defending Freedom, a legal advocacy group that advocates against LGBTQ issues.

In a voice vote, The House chose to carry the bill over to the call of the chair. It may be placed on a calendar to be discussed at a later date.