FAMILY LAW: (Constitutional Amendment) Provides relative to parental rights (OR SEE FISC NOTE GF EX)

2026 Regular Session Introduced by Beryl Amedée and 4 co-sponsors

Establishes parenting as a fundamental right and subjects any government restriction to strict scrutiny under the Louisiana Constitution.

Read by title, under the rules, referred to the Committee on Civil Law and Procedure.

Summary of HB 485 (2026) – Louisiana

Bill at a Glance

Type: Joint Resolution to amend the Louisiana Constitution

Proposed Amendment: Add Article I, Section 28

Subject: Establishes parental rights as a fundamental right

Submission: Referendum to voters at the statewide election on November 3, 2026

Sponsors: Amedée, Horton, Owen (plus several co-sponsors)

Purpose and Intent

The bill seeks to enshrine in the Louisiana Constitution that a parent has a fundamental right to nurture, educate, care for, custody, and control of their child.

It would elevate parenting decisions to a fundamental rights level, subject to strict scrutiny by courts when rights are restricted or denied, unless a higher level of protection or scrutiny is already recognized and applied by the judiciary.

Key Provisions

New Constitutional Right: Article I, Section 28 — “The freedom of a parent in the nurturing, education, care, custody, and control of the parent's child is a fundamental right and shall not be infringed.”

Standards of Review: Any restriction on this parental rights right would be reviewed under strict scrutiny, unless the court recognizes and applies a higher level of protection or scrutiny in a given case.

Scope of Rights Covered: The right expressly covers nurturing, education, care, custody, and control of the child.

Constitutional Amendment Process: The amendment is proposed to be placed before voters for approval or rejection in the November 3, 2026 statewide election.

Who/What Would Be Affected

Parents and Families: The amendment would formalize parental authority as a fundamental right, potentially affecting decisions related to upbringing, schooling, medical care, discipline, and child custody arrangements.

Judicial Considerations: Courts would apply strict scrutiny to any government action or restriction that infringes on this right, unless a higher standard is already recognized in law or constitutional interpretation.

Legislature and Government Agencies: Policies and statutes affecting parental rights and state involvement in family decisions may be subject to heightened judicial scrutiny.

Procedural and Timeline Details

Current Status: Bill introduced and referred to the Committee on Civil Law and Procedure; read by title in the House; prefiled earlier in 2026.

Ballot Measure: If approved by two-thirds of both houses, the amendment would be placed on the November 3, 2026 ballot for voter approval.

Effective Date (if ratified): Designed to take effect upon ratification by the electorate and publication in the official constitution (date not specified in the bill text).

Potential Implications

The constitutional guarantee could constrain public policy and state action that affect parenting decisions, potentially influencing areas such as education policy, childcare regulation, health care decisions for minors, and custody determinations.

The strict scrutiny standard would require the state to demonstrate that any limitation on parental rights serves a compelling interest and is narrowly tailored, which could limit the breadth of permissible state interventions in family matters.

The exact legal impact would depend on subsequent statutory and judicial interpretations once the amendment is in force.

Note

The bill includes a standard digest explaining the purpose and the broad effect of establishing a fundamental parental rights clause and the application of strict scrutiny to related restrictions.

The amendment would be subject to voter approval in the 2026 statewide election.