House Bill 148 Alabama 2026 Session

Summary

Primary Sponsor

Kenneth PaschalRepresentative

Republican

Session

2026 Regular Session

Title

Fundamental rights of parents; provided for, constitutional amendment

Summary

HB148 would amend the Alabama Constitution to recognize a fundamental parental right to direct a child's education, upbringing, care, custody, and control, and to limit government actions that burden that right.

What This Bill Does

It enshrines a fundamental right for parents to direct their children's education, upbringing, care, custody, and control within the state constitution. It requires the government to show a compelling interest and use the least restrictive means before burdening that right. If passed, state and local agencies (like schools and child-welfare bodies) would need to apply a strict scrutiny standard when policies or actions affect parental rights. The amendment would be ratified by voters to become part of the Constitution, and the Code Commissioner would perform non-substantive formatting and placement changes after ratification.

Who It Affects

• Parents and guardians in Alabama, whose right to direct their children's education, upbringing, care, custody, and control would be constitutionally protected.
• State and local government entities (e.g., education departments, school boards, and child-welfare agencies), which would have to justify any burdens on parental rights under the strict scrutiny standard.

Key Provisions

• Fundamental right: Each parent has the fundamental right to direct the education, upbringing, care, custody, and control of their child.
• Burden standard: The government may burden this right only if it demonstrates a compelling governmental interest and uses the least restrictive means to further that interest.
• Ratification and placement: The amendment becomes part of the Alabama Constitution only after voter approval; the Code Commissioner will number, place, and may perform nonsubstantive formatting changes after ratification.
• Administrative details: The measure includes description for ballots and related procedural steps to implement the constitutional change.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments Statewide