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HCR 1004

Person's Rights Related to Their Children

2026 Regular Session

Amends Colorado Constitution to explicitly protect a parent's right to direct their child’s upbringing, education, and care.

House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely
#children&domesticmatters #education&schoolfinance(pre&k-12)
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Bill Summary · HCR 1004

Summary: HCR 1004 (2026A) — Colorado Constitutional Amendment on a Person’s Rights Related to Their Children

Note: This is a House Concurrent Resolution proposing a ballot measure for voters to approve. If approved, it would amend the Colorado Constitution. As introduced, the resolution does not enact new state law but asks voters to authorize a constitutional change.

1) Purpose and Intent

  • The resolution seeks to submit a constitutional amendment to Colorado voters at the November 3, 2026 general election.
  • The amendment would expand the definition of “inalienable rights” to explicitly include a person’s right to direct the upbringing, education, and care of their children.
  • In other words, it adds a broad, explicit constitutional protection for parental decisions regarding how their children are raised, educated, and cared for.

2) Key Provisions and Changes Proposed

  • Constitutional Amendment Language (Summarized):
    • Amends Section 3 of Article II of the Colorado Constitution (Inalienable rights).
    • Adds the right “to direct the upbringing, education, and care of their children” among the list of inalienable rights.
    • The language is intended to establish that individuals have inherent rights in relation to how their children are raised, educated, and cared for.
  • Ballot Measure:
    • The question to be voted on would ask: “Shall there be an amendment to the Colorado Constitution concerning a person’s inalienable rights related to their children?”
    • The standard voting threshold for passage is set at 55% yes (as per the existing constitutional requirement for ballot measures in Colorado: if at least 55% of the electors voting on the ballot title vote Yes, the amendment passes).

3) Affected Parties and Impacts

  • Primary Impact:
    • Parents and legal guardians: the amendment would formally recognize a constitutional right to direct their children’s upbringing, education, and care.
  • Potential Legal and Policy Implications:
    • If adopted, future state laws, court interpretations, and policy decisions related to parental rights, child welfare, education, healthcare, and related areas could be affected.
    • The precise scope and application would depend on subsequent legislation and judicial interpretation.
  • Who would bear costs:
    • State and local election costs associated with placing a ballot measure before voters (to be funded from existing appropriations).
    • Any future costs or savings would depend on how the amendment influences policy decisions, court cases, and implementation; the fiscal note indicates no immediate new appropriations are required to refer the measure, but future costs are possible.

4) Procedural and Timeline Details

  • Timeline:
    • Ballot submission: The proposed amendment would be submitted to voters at the November 3, 2026 general election.
    • If voters approve (and at least 55% vote Yes), the amendment becomes part of the Colorado Constitution.
  • Effective Date:
    • If approved, the amendment would take effect upon proclamation by the Governor, no later than 30 days after the official canvass of the vote is completed.
  • Legislative Process:
    • The measure is a concurrent resolution, referred to the ballot for voter consideration.
    • It does not contain a separate appropriation; any related fiscal impact would be addressed through future legislation or budget processes as needed.

5) Fiscal Notes (Overview)

  • The accompanying fiscal note indicates:
    • No new state revenue or TABOR refunds changes are anticipated solely from referring the measure.
    • Election-related costs would be incurred in the short term (to publish and administer the ballot measure) but would be funded with existing appropriations.
    • Any future costs resulting from changes in rights (e.g., education, health care, or child welfare) would depend on later laws or court decisions and are not estimated in this note.

If you’d like, I can provide a side-by-side comparison of current constitutional text with the proposed amendment language, or summarize potential risk areas and interpretive questions that legal scholars might raise upon implementation.

Compiled from official sources — confirm details with the bill’s official record.

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