Indiana’s 2025 legislative session is underway. Our team is actively monitoring over 50 bills. One of the bills we are closely monitoring is the Parental Rights bill, SB 143. Authored by Sen. Liz Brown, this bill “provides that a governmental entity may not substantially burden certain parental rights unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering the governmental interest.”
Homeschool freedom rests on two pillars: religious liberty and parental rights. Since its passing in 1866 and ratification in 1868, the 14th Amendment has been sufficient to defend parental rights. We no longer live in a world that honors parents. This was demonstrated by the landmark Cox case which began in Indiana in 2021 and ended when the U.S. Supreme Court rejected the case in 2024.
Since 2022, our team has continuously monitored this. We’ve been in several conversations about the proposed legislation and the various organizations that have been instrumental in its development. We have also listened to the opponents of the bill. First proposed in 2023, the current version of the legislation has undergone much review, and its current form is stronger than in earlier years.
This bill does not strip away parental freedom, as some fear. Quite the contrary, it brings into statute what has already been interpretively decided, or set as precedent, in case law in one place. However, we know that any time something is added to the statutes, risks are involved.
It is very early in the 124th General Assembly. The bill has passed 1st reading and is now in committee. We are continuing to monitor SB 143 and upcoming amendments very closely. As it is currently written, IAHE Action is neutral on the bill.