CHAP Alert: Legislative Summary for SB 996

My friends, this is a quick analysis of Senator Mastriano’s Senate Bill 996 that he introduced earlier this year. It was referred to the State Government Committee in the Senate; no votes have taken place.

Senator Mastriano’s legislation seeks to codify through state law that parental rights are a fundamental right and that the courts must employ the “Strict Scrutiny” standard, which is the most difficult standard for the state to meet, on any attempt of the executive branch, legislative branch, or an administrative agency seeking to impinge on that parental fundamental action.

The equal protection clause of the Fourteenth Amendment and Article 1, Section 1, 2, and 26 of the Pennsylvania State Constitution provides the mechanism to protect citizens from state and federal actions.

The purpose advanced for the equal protection clause is that people of similarly circumstanced situations or conditions are to be treated in the same way.

The three tests employed to evaluate the state’s action or legislation begins with the lowest standard rising to the highest standard of hurdle for the government to overcome.

The first and lowest test is the rational basis test. Here the government needs only to prove that its action is rationally related to serving a legitimate state interest.

The second test is often called the intermediate test: the government must show only that the challenged actions of classification serve an important state interest and that the action or classification is at least substantially related to serving that state interest.

Finally, the highest test and more difficult challenge to the government, its agents, or legislation is strict scrutiny. In this test, the government must prove that the action or the classification serves a compelling state interest and that the action or classification is necessary to serve that interest.

Senator Mastriano’s bill seeks to codify that parental rights are fundamental rights; therefore, any legislation or state action must meet the strict scrutiny test.

This well-structured piece of legislation takes into account all of the God-given fundamental rights that inherently belong to loving parents raising their children.

This is a bill that CHAP and its members can support, as we live in times when the government oversteps its boundaries and frequently doesn’t honor or even respect fundamental parental rights.

Respectfully submitted,

Brad Bastedo