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UPDATE on SB 314 Hearing

Thank you to all!!! You called! You emailed! You showed up! We just can’t thank you enough for the support. The hearing on SB 314 today was long and interesting. The testimony supporting the bill was strong, the Senate Judiciary Committee members were clearly listening. The opposition testimony was weak and did not carry the day, in our opinion. Senator Denis, sponsor of the bill, is working with us to help ensure passage.

There is still more work to do but for now we must wait and see if the Senate Judiciary Committee brings the bill to a work session and hopefully votes “do pass” which will send the vote to the floor of the Senate. The deadline for all bills to be out of committee (except those with an exemption) is this Friday, April 12th. We are optimistic that SB 314 will make it to a work session. Pray that the bill is passed out of committee and sent to the full Senate.

Again, THANK YOU to all who helped get this bill a hearing! Your calls, emails and “votes” on the opinion page CLEARLY were heard! And those who attended the hearing had a great impact. We’ll keep you posted on the progress of this bill.

Frank, Barb, Kelley, Elissa, Ray & Laura
ParentalRights.org/NEVADA

SB 314 – Parental Liberty bill
We are pleased to report that SB 314 has been given a hearing date in the Senate Judiciary Committee next Tuesday, April 9th at 8:00 a.m. Members of ParentalRights.org/NEVADA will be present at the hearing to testify in favor of the bill along with HSLDA Attorney Scott Woodruff. Mr. Woodruff ushered similar language through the Virginia Legislature this past February and will provide expert testimony on SB 314.

We received an overwhelmingly positive response from concerned citizens in Nevada on the Legislative Opinion page. In less than 24 hours the bill moved on to the “TOP 50” list of bills and at last check was at #23! WE KNOW THIS IS AN IMPORTANT ISSUE TO NEVADA PARENTS… thanks for participating in the process but now there is more to do.

CALL TO ACTION:
1. Please call, email or fax members of the Senate Judiciary Committee and ask them to VOTE YES on SB 314. In your own words explain that, “SB 314 is a non-partisan bill, intended for the courts, and defines the right of parents to raise their children as a fundamental right. If passed, the law will protect the parent-child bond from intrusion by the state unless there is a compelling reason for the government to do so.” For a thorough explanation on the bill please refer to the Question & Answer pamphlet, The Right of Parents to Raise Their Child.

2. Plan to attend the hearing on Tuesday, April 9th at 8:00 a.m. The hour is early but we need to “pack the house” on this one in Carson City AND Las Vegas.
Room 2149, Legislative Building, 401 S. Carson St., Carson City, NV.
Room 4412, Grant Sawyer State Building, 555 E. Washington Ave., Las Vegas, NV.
There is opposition to the bill. Families in attendance would show just how important the bill is to Nevada citizens.

Senate Judiciary Committee Contact Information
Senator Tick Segerblom, Chair 775-684-1422 tsegerblom@sen.state.nv.us
Senator Ruben Kihuen, Vice-Chair 775-684-1427 Ruben.Kihuen@sen.state.nv.us
Senator Aaron Ford 775-684-6502 Aaron.Ford@sen.state.nv.us
Senator Justin Jones 775-684-1421 Justin.Jones@sen.state.nv.us
Senator Greg Brower 775-684-1419 Greg.Brower@sen.state.nv.us
Senator Scott Hammond 775-684-1442 Scott.Hammond@sen.state.nv.us
Senator Mark Hutchinson 775-684-1475 Mark.Hutchison@sen.state.nv.us

To contact Senators by FAX or U.S. Mail:
By Fax: 1-775-684-6522
1-866-543-9941 Toll Free
By Mail: Nevada Legislature, Senate Judiciary Committee
401 Carson Street
Carson City, NV 89701-4747

Background
In the event parents have to go to court to seek protection of their rights against government intrusion, courts first must decide whether the right is fundamental. If the judge decides the right is not fundamental, then the judge will allow the government to infringe on the right as long as it has a “rational” reason. But if the judge decides the right is fundamental, the government may infringe on the fundamental right only when there is a “compelling” reason to do so, showing there is no other way for the government to meet the very high standard.

As of today, there is nothing in Nevada statutes or the state constitution enunciating that parental rights are in the category of fundamental rights. The U.S. Supreme Court has ruled that parental rights are fundamental. However, some lower courts and local government officials have resisted compliance with U.S. Supreme Court rulings on this issue. Although Nevada courts have generally been good in recognizing parental rights, it is risky to depend on future court decisions to safeguard a fundamental parental right. This is the problem SB 314 will solve; it will simply give much better protection to parental rights than currently exists in Nevada law.

Opponents of a parental rights law often incorrectly assume that it would give parents a right to abuse their children. This is incorrect. Parents don’t have a right to abuse or neglect their children under Nevada statute, and that will not change if SB 314 becomes law. Rather, this law will simply provide an additional layer of protection afforded through legislative enactment to safeguard parents and children from intrusion by the government into the decision making process within the family unit.
Thank you for standing with us in championing the cause of parental rights in Nevada!
Sincerely,

Frank Schnorbus
ParentalRights.org/NEVADA Legislative Liaison

UPDATE: SB 314 – Parental Liberty bill

FROM: ParentalRights.org/NEVADA Legislative Liaison

SB 314 is a bill that will establish in Nevada law that the “liberty of parents to direct the upbringing, education, and care of their children is a fundamental right”. Currently Nevada parents must rely on the courts, citing federal and state court precedent, to preserve their fundamental right to make decisions for their children. SB 314 would take this same standard and codify it in state law, providing the courts a more solid foundation on which to base this right. It will not change the current standard of parental rights but merely protect the standard from shifting ideologies in the courts over time.

For more information on the bill please review the attached Question & Answer pamphlet, The Right of Parents to Raise Their Child. This resource answers 16 questions such as; “In a nutshell, what does SB 314 do?”, “Is the fundamental parental right to raise children a partisan issue?”, “How would this law help Nevada’s children?”, “Will this law jeopardize the welfare of children?” and more!

CALL TO ACTION: ParentalRights.org/NEVADA will be meeting with the sponsor of the bill, Senator Mo Denis, tomorrow. We are asking that if you have not already done so, please go online to the Nevada Legislative Opinion page today and vote “FOR” the bill. You may also leave written comments on the bill. In your own words simply express that you support “codifying parental rights as fundamental in state law”. This will help us show that Nevada parents are firmly behind this bill.

Thank you for standing with us in championing the cause of parental rights in Nevada!

Sincerely,

Frank Schnorbus
ParentalRights.org/NEVADA Legislative Liaison

NHN has been working hard since last December on a Fundamental Parents Rights bill to safeguard all Nevada parents and children from government intrusion into the decision making process of the family unit. We are pleased to announce that SB 314, sponsored by Senator Mo Denis, was introduced last Monday, March 18th in the 2013 session of the Nevada Legislature.

It is important to note that this is not a home school or education bill but rather is intended to provide an additional layer of protection to parents through legislative enactment. Frank Schnorbus, NHN Chair has written an outstanding Question & Answer pamphlet, The Right of Parents to Raise Their Child, to better explain the need for this law in Nevada. The pamphlet includes footnotes and references documenting the need for this law.

CALL TO ACTION: A hearing on the bill has not yet been scheduled. We are simply asking that Nevada parents inform themselves on this issue as well as go to the 2013 NV Legislature Opinion Page to “vote” FOR the bill and submit YOUR comments. In your own words, your message can be as simple as, “SB 314 mirrors current law in many states, is intended for the courts, and defines the liberty of parents to direct the upbringing, education and care of the child as a fundamental right.” Let’s make this one of the TOP 50 most popular bills this session!

When the bill is assigned a hearing date we will post it here and send out a notice on NV-Alert, please sign up on our home page.

Barbara Dragon (in Carson City) and Elissa Wahl (in Las Vegas) testified against AB 203 on Friday, March 15th. NHN and HSLDA submitted letters to the Assembly Judiciary Committee opposing the bill that would allow grandparents and great-grandparents to sue for visitation when married parents (both the natural or adoptive parents) deny visitation, click link above to read.

A representative of the Nevada Justice Association, Kim Surratt (a family law attorney in Reno) also testified against the bill and covered all the legal/constitutional issues with the bill.

Assembly Judiciary Committee Chairman Frierson stated that all committee members were receiving many phone calls regarding the bill, even that morning before the 8:00 a.m. hearing. NHN is so appreciative of the response on this issue from the Nevada homeschool community. Your opinions are being noted by Legislators. If you haven’t done so already, please be sure to leave your opinion of this bill on the NV Legislature Opinion page.

Committee members on both sides of the aisle asked Ms. Surratt excellent questions regarding the constitutionality of the bill with regards to the US Supreme Court decision on Troxel v. Granville (2000) and fundamental parental rights. It was an emotional hearing to say the least; we believe grandparents and great-grandparents should be a vital part of a grandchild’s life whenever possible. However, government must not trample on the rights of intact families to make decisions regarding the upbringing of their children.

We will keep you posted if/when there are further developments on AB 203.
NHN Officers

NOTICE: AB 203 has been scheduled for a hearing in the Assembly Judiciary Committee.
WHEN: this coming Friday, March 15th
TIME: 8:00 a.m.
WHERE: In Carson City: Room 3138 of the Legislative Building, 401 S. Carson St., Carson City, NV. In Las Vegas: Video-conferenced to Room 4406 of the Grant Sawyer State Office Building, 555 E. Washington Ave., Las Vegas
WHAT: A.B. 203 Revises provisions governing the granting of the right to visit a child to grandparents and great-grandparents of the child who is living with his/her MARRIED parents when said parents have denied visitation.
CALL TO ACTION:
1. To submit written testimony on the bill it MUST be sent be sent electronically as a pdf by 5 pm Thursday, March 12th to the Committee Manager at AsmJud@asm.state.nv.us
2. Call/Email Assembly Judiciary Committee Members by clicking their names at http://www.leg.state.nv.us/Session/77th2013/Committees/A_Committees/JUD.cfm
3. Share your opinion on this bill at http:www.leg.state.nv.us/AppCF/Opinion/77th2013/vwComments.cfm
4. Plan to attend the hearing Friday morning, sign in to testify, briefly explain that, “Married parents have the fundamental right to make decisions regarding who is granted visitation with their child. The State must preserve, respect and defend the basic family unit and the rights of legally married parents. Current law already allows for grandparents and great-grandparents to seek visitation when parents are separated, divorced, never legally married, one parent is deceased, or has relinquished his/her parental rights, or his/her parental rights have been terminated. This bill will place undue burden on intact families. Please vote no on AB 203.”

Nevada Homeschool Network opposes AB 203 See notes below dated 3/8/2013

CALL TO ACTION: NHN supports SB 192 – “Religious Freedom Restoration Act” (RFRA) which has earned strong bi-partisan support (click the bill number to see who). We are asking homeschool families and friends to make your voice heard on this bill.

This bill is “AN ACT relating to religious freedom; prohibiting a governmental entity from substantially burdening the exercise of religion of a person under certain circumstances; authorizing a person whose exercise of religion has been so burdened to assert the violation as a claim or defense in a judicial proceeding; authorizing a court to award damages against a governmental entity that substantially burdens the exercise of religion in certain circumstances; and providing other matters properly relating thereto”.

An excellent RFRA Q & A booklet has been published by Sidley, Austin, Brown & Wood LLP.

Please visit the Nevada Families for Freedom website for more excellent information on the bill and who/how to contact. SB 192 is on the AGENDA of the Senate Judiciary Committee WEDNESDAY, March 13th @ 9:00.

TO: Assemblypersons Livermore, Ellison, Hickey, Hambrick, Aizley, Diaz, Duncan, Fiore, Grady, Hansen, Hardy, Kirner, Martin, Munford, Neal, Oscarson, Spiegel, Stewart, Swank, Wheeler, Woodbury

CC: Assembly Judiciary Committee; Chair Frierson, Vice-Chair Ohrenschall, Members Carillo, Cohen, Diaz, Dondero Loop, Martin, Spiegel, Duncan, Fiore, Hansen, Wheeler

Sent via email and fax

RE: AB 203; Revises provisions governing the granting of the right to visit a child to grandparents and great-grandparents of the child. (BDR 11-750)

Dear Sponsors and Co-Sponsors of AB 203,

By way of introduction, Nevada Homeschool Network (NHN) advocates for Nevada families who have chosen to direct the education of their children. However, today we are writing regarding a matter of importance to all Nevada parents and their children.

AB 203 would modify state law to permit grandparents or great-grandparents to sue for visitation of a child against the parents’ wishes. This bill will cause intact families, including perfectly fit parents, to face potential court challenges to their parenting decisions whenever they limit or restrict their child’s visitation from grandparents or great-grandparents. Under current law these relatives can only seek visitation when the parents of the child consent, or via the court system when the marriage is no longer intact. Further, the bill as proposed would force parents to defend their parental rights if they simply deny visitation to a grandparent. We believe that where families are intact, they should not have to defend their decisions regarding who will have access to their children.

Ideally, families get along; parents, grandparents, and even great-grandparents work together to raise well-adjusted kids. But that is not always the case. Oftentimes grandparents would like nothing better than to see the family split apart to get their child and grandchildren “back”. Regardless of how healthy these relationships are, it falls to fit and loving parents to make decisions regarding the care, custody, and control of the child – including decisions regarding who has contact with that child.

With this in mind, we would like to direct you to the 74th Session of the Nevada Legislature (2007) specifically, SB 204 . During that Legislative session, the exact same language contained in AB 203 was proposed (that is the last time the issue was raised. It was also raised in 2005 and 2000). In a review of the testimony for and against SB 204 in 2007, we found that judges, lawyers and civic groups overwhelmingly opposed SB 204, primarily because of the unconstitutionality of the bill. We believe that current Assemblymen/women may not be aware of the history of this legislation and as such we seek to advise you on the fate of the proposed language in 2007.

Legislative Background: SB 204 was initially heard in the Senate Judiciary Committee on March 15, 2007 (pages 14-16) and continued on March 20, 2007 (pages 2-9). There was a proposal to amend the bill during a Senate Judiciary Committee Work Session on April 4, 2007(pages 10-11) and the bill was continued to the next work session. At the committee work session on April 10, 2007 (pages 6-7) the sponsoring Senator withdrew the proposed amendment, requested a “Do pass” on the bill as originally proposed, no second on the motion was received and the bill died in committee.

We request that you review the testimony presented on SB 204 in 2007, specifically as it relates to the constitutionality of the bill. Again, please note that the language in this year’s bill, AB 203, is exactly the same as in 2007. We believe that nothing has changed as to the constitutional, financial, and court case load issues presented in testimony five years ago. We therefore oppose AB 204 on these grounds:

• AB 203 is unconstitutional based on the U.S. Supreme Court’s ruling in Troxel v. Granville, 539 U.S. 57 (2000). Nothing has changed since that ruling overturned a Washington state law like this proposed bill. Intact families have a fundamental right to deny visitation with grandparents, and any law to the contrary would likely be struck down by the Nevada Supreme Court. Current law already correctly interprets this Supreme Court case.
• AB 203 would create a financial burden on intact families having to defend their private family decisions regarding who has contact with their children. Some families simply could not afford to defend themselves, grandparents would often have an unfair financial advantage to hire an attorney, some bad decisions can be handed down, and children will be harmed as a result.
• AB 203 would significantly increase the caseload burden on an already overburdened District Court, increasing costs and delays. Many more cases could also be appealed to the Supreme Court.

Thank you for your time and consideration in this matter. If we can answer any questions you may have please don’t hesitate to contact us.

Sincerely,

NHN Officers

The following letter was emailed to all the sponsors and co-sponsors of AB 203, the Assembly Judiciary Committee members and cc’d to all their administrative assistants. This bill seeks to allow grandparents to sue for visitation when a married couple has denied them visitation with their grandchild. This exact same bill was heard in 2007 and died in committee due to constitutional issues (fundamental parental rights via a 1999 US Supreme Court decision) presented by Nevada judges, lawyers and civic groups during testimony (see the full explanation in our letter).

NHN is partnering with ParentalRights.org and HSLDA who have issued “CALL TO ACTION” alerts (see links) to ensure that this flawed bill does not pass. While we hope that all parents, grandparents and great-grandparents are in loving support of each other, this is not always the case. AB 203 would violate the fundamental right of parents to make decisions regarding visitation for their children. Please read NHN’s position statement below.

If your Assemblyperson is one of the sponsors or co-sponsors (in the “TO:” line, bold names are sponsors, the others are co-sponsors) of this bill please contact them via email, phone or fax and express your opinion on the bill. In addition to our explanation below, ParentalRights.org and HSLDA have also provided excellent “talking points” on this bill (see links above).

Thank you in advance for standing with us and helping to protect the rights of all “fit and loving” parents in Nevada.

Great opinion piece in the Las Vegas Review Journal; Denying an Important School Choice.
NHN Vice-Chair, Elissa Wahl is quoted in the article on the HIDDEN danger in SB 182 – Mandatory Kindergarten. Have you contacted the Senate and Assembly Education Committee members yet? Also, don’t forget to leave your opinion of SB 182 on the Legislative Opinion page.