SupportSouth Dakota
SB190

Codify the Rights of a Parent

Parental Rights
WHERE IT STANDSPassed One Chamber
1
Introduced
2
In Committee
3
Passed
4
Signed
ABOUT THE BILL

SB190 enshrines parental rights into South Dakota statute, creating enforceable legal protections against government overreach in the upbringing of children.

OUR POSITION

Scripture and natural law alike affirm that God places children in families, not institutions. Parents are not granted authority over their children by the government; that authority is prior to the state and should be recognized, not rationed, by it. SB190 takes this foundational truth seriously by codifying parental rights directly into South Dakota statute, giving those rights the legal durability they deserve.

The practical effect of codification is significant. When parental rights exist only in case law or constitutional implication, families bear the burden of asserting them piecemeal against agencies, school systems, and courts that may not honor them. A clear statutory framework shifts that burden and puts government actors on notice that the parent-child relationship carries enforceable legal weight.

The bill's broad scope is precisely what makes it valuable. Narrow program-specific protections can be quietly narrowed or repealed. A statutory codification of parental rights creates a durable baseline that courts and agencies must reckon with across contexts, from medical decisions to education to religious formation.

The American Council recognizes that SB190 passed one chamber and fell narrowly in the other. That margin reflects real cultural and institutional resistance to reaffirming parental authority, and it underscores why this legislation matters. A six-vote margin is not a rejection of the principle; it is a call to continued, clear advocacy.

The family is the first institution God ordained for the care and formation of children. Legislation that protects it from unwarranted interference serves not only families but the broader flourishing of society. The American Council supports SB190 and urges its passage into law.

Sponsor
Heather Baxter
Chamber
State Assembly
Last Action
House of Representatives Reconsidered, Failed, YEAS 30, NAYS 36. H.J. 484
March 3, 2026
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