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

A “parental rights” bill will head to the House floor after receiving approval in committee Wednesday.

HB 6, 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.”

In a committee meeting Wednesday, Paschal called the legislation a “simple” bill that aims to preserve parents’ rights to “direct the education, upbringing, care, custody and control of their children.”

“When kids exist, there’s an order,” he said. “God gives parents the responsibility to make decisions.”

There are some exceptions to those rights, he said, including in cases of child abuse or neglect, or truancy. Paschal said the bill would not change any existing legislation, but would codify previous case law that notes the importance of a parent’s role in a child’s life.

“We see a lot of things taking place throughout our country, and this is just being proactive, instead of reactive,” he said.

The House Judiciary committee unanimously voted to give the bill a favorable report, with an amendment clarifying that it would “not be construed to authorize child abuse or neglect.” The bill now will head to the House floor.

The legislation saw little debate from lawmakers Wednesday, but critics have called the bill vague and unclear.

In interviews with the Alabama Reflector, some questioned the bill’s description of “fit parents,” and noted the bill failed to define what that meant. Parents of transgender teenagers also worried the “compelling state interest” clause of the bill would prevent them from being afforded the same rights as other parents.

“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.

Others said similar bills, which have appeared in at least 35 states over the past two years distract from real issues affecting families.

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.”

Last year, Florida passed a law with similar language aimed at parental rights that restricts certain classroom curriculum and instruction.

Arreaza said such restrictions don’t address “issues that would actually make a difference for families,” like child tax credits, paid leave, affordable childcare or mental health supports.

“Behind that vague language, it’s this political agenda that’s all about censoring books and censoring curriculum and censoring what teachers can talk about in the classroom,” she said. “Which is absolutely not what parents want.”