I am not a lawyer, but I love the law. I love the law because it increases the chances of predictable outcomes, aiming to provide a stable framework that protects our rights and creates a level playing field for all. The law is not just a collection of rules – it is a security system for our rights, designed to prevent future harm. Constitutional lawyers, judges, and legislators study system vulnerabilities, analyze potential threats, and design legal frameworks that protect against systemic failures.
Just as a well-built security system relies on layers of protection, our legal system depends on precedent – the accumulated wisdom of past rulings that form a firewall between government power and individual rights. Precedent is meant to stop governments from repeating past mistakes, stripping away hard-won rights, or changing the rules for political convenience. But that protection only works if lawmakers and courts respect it – and Washington’s leaders now appear ready to test its limits.
The People Took a Stand – And the Government is Responding
As both a parent and someone who has studied these issues carefully, I’m particularly troubled by House Bill 1296. While its supporters claim it protects children, the bill actually undermines the very protections that thousands of parents like me fought to secure through I-2081. These changes could significantly affect parental notification requirements, access to records, and decision-making authority that I-2081 was designed to protect.
The Supreme Court’s recognition of parental rights as fundamental reflects a crucial reality: parents, not government agencies, are uniquely positioned to make decisions about their children’s upbringing. When a child needs medical care or educational support, it’s parents who know their medical history, understand their learning style, and can best advocate for their interests. While the state has a role in preventing abuse and neglect, its power to override routine parental decisions demands extraordinary justification – a high bar that exists because parents possess irreplaceable knowledge about their children’s needs and circumstances.
While the state has legitimate interests in protecting children’s welfare, this grassroots movement led to Initiative 2081 (I-2081), the Parents’ Bill of Rights – a measure designed to restore transparency and ensure appropriate parental involvement. I-2081 guarantees that parents have access to their child’s school and medical records, requires schools to notify parents before providing medical services, and allows parents to opt their child out of instruction that conflicts with their values. Driven by broad-based support and careful consideration of both parental rights and child welfare, the initiative was expected to pass overwhelmingly.
Under Washington law, once passed by voters, the legislature is barred from amending or repealing an initiative for two years. Additionally, a King County Superior Court granted summary judgment in favor of I-2081, finding its provisions legally sound after a careful review of the competing interests at stake.
However, lawmakers took an unexpected approach by passing Initiative 2081 themselves in March 2024, rather than letting voters decide. This created a path for them to modify the initiative sooner than if voters had enacted it directly. While the legislature debated various amendments, including changes to notification procedures, the core concern remained: this maneuver, though legal, potentially undermined the citizen initiative process that had brought the Parents’ Bill of Rights forward in the first place.
Constitutional Principles at Stake
The current situation presents a complex interplay of rights and responsibilities. While the state has a legitimate interest in protecting children, House Bill 1296 and related proposals risk undermining the very protections that parents fought to secure. These changes could significantly affect parental notification requirements, access to records, and decision-making authority that I-2081 was designed to protect.
The Supreme Court has consistently recognized that while the state has important responsibilities in protecting children’s welfare, parental rights are fundamental and deserve strong protection. State intervention, while sometimes necessary, must be justified by clear evidence and compelling circumstances. The challenge lies not in determining whether the state has any role – it clearly does – but in ensuring that new restrictions on parental rights meet the high constitutional standards required for such intervention.
The Initiative Process Under Pressure
Beyond the specific issue of parental rights, the integrity of Washington’s democratic processes is also at stake. Senate Bill 5283, introduced by Sen. Javier Valdez (D-Seattle), would create new requirements for signature gatherers. While voter integrity is important, these requirements could effectively kill grassroots participation in the initiative process, making voter-led bills like the Parental Bill of Rights nearly impossible in the future.
The Constitutional Framework
The United States Supreme Court has developed a careful framework for evaluating parental rights. In Wisconsin v. Yoder (1972), the Court established an important balancing test between state and parental interests, recognizing that while states have legitimate educational interests, parents’ fundamental rights in directing their children’s upbringing can outweigh state requirements when properly supported.
In Troxel v. Granville (2000), the Court affirmed these rights as fundamental; in Santosky v. Kramer (1982), it established the need for clear and convincing evidence before state intervention; and in Parham v. J.R. (1979), it outlined when state involvement might be justified. While these cases acknowledge both parental rights and state interests, they consistently require strong justification for overriding parental authority.
Laws affecting fundamental rights face the highest level of judicial review – strict scrutiny. Under this standard, the government must prove both a compelling interest and that its measures are narrowly tailored. While protecting children is certainly a compelling interest, the broad scope of the proposed changes suggests they may struggle to meet the “narrowly tailored” requirement. This doesn’t mean all regulation is impossible – but it does mean that restrictions must be carefully crafted and strongly justified.
Washington’s constitution provides additional safeguards for individual liberties and family rights. State courts have historically interpreted these protections robustly, while recognizing legitimate state interests in child welfare. This dual protection means that changes to parental rights must satisfy both federal and state constitutional requirements.
Defining Harm
While Washington lawmakers may seek to broaden the definition of harm to justify greater intervention, such changes must be precise and evidence-based. The state undeniably has a compelling interest in preventing child abuse and neglect, and courts have long upheld intervention in cases of severe medical neglect and physical abuse. However, House Bill 1296 goes beyond these extreme cases, potentially expanding state authority over routine parental decisions that have historically received strong constitutional protection. Supreme Court precedent does not prohibit all state action, but it does require substantial justification for overriding parental authority. Vague or speculative concerns are not enough to justify restrictions on fundamental rights.
Legal Challenges Ahead
If Washington proceeds with these changes, they will likely face significant constitutional scrutiny. The Fourteenth Amendment’s protection of parental rights, combined with federal laws like FERPA (while subject to certain exceptions), creates a strong framework for challenging overreach. While courts recognize the state’s role in protecting children, they typically require compelling evidence before allowing intervention in family decisions.
This isn’t merely about policy preferences – it’s about fundamental constitutional principles and the balance of power between families and government. While reasonable people can disagree about specific policies, the broader trend toward diminishing parental rights without compelling justification threatens core constitutional values. If Washington succeeds in implementing these changes, it could encourage similar efforts elsewhere, potentially eroding long-established protections for family autonomy.
Take Action Today
Make your voice heard! Washington has an official website where you can share your perspective on House Bill 1296 and Senate Bill 5283. These bills impact both parental rights and the future of citizen initiatives in our state. Review the bills and share your views with Washington’s legislators.