Gov. Patrick Morrisey signed a bill on Monday that establishes a “Parents’ Bill of Rights” for West Virginia residents. The bill, which is supported by Republicans, states: “The Legislature finds that it is a fundamental right of parents to direct the upbringing, education, care and medical care of their minor children.”
More than 20 states, mostly red, have similar legislation.
“We’re just trying to make sure parents have the authority to raise their own kids here,” said bill sponsor Del. Jim Butler, R-Mason, when he presented the bill to House of Delegates members in February.
Jordan Carpenter, legal counsel for the Alliance Defending Freedom, a conservative nonprofit, applauded the governor for signing the bill. He stated that the legislation will ensure that parents have the freedom to guide their children’s upbringing.
“Parents love and know their child best, and they have the right and duty to direct the upbringing and care of their children,” according to Carpenter. “In no world should the government intrude on parenting choices just because it disagrees with the parents.”
House Bill 2129 states that a parent has the right to educate their child at home or in public and private schools, and that they can access and review all school records pertaining to their minor child.
It also states that parents have the right to make health-care decisions for their children.
It does not apply to a parental action or decision to end life, such as a minor obtaining an abortion. West Virginia has a near-total abortion ban, with a narrow exception for rape and incest, including minors who are victims of rape and incest and can now have an abortion up to 14 weeks.
When the House Judiciary Committee reviewed the measure in February, Del. Evan Hansen, D-Monongalia, opposed it.
“What I object to is carving out abortion based on the religious beliefs of some people in this Legislature, even though there are religions and parents who strongly disagree with that viewpoint,” said the governor. “If we’re going to pass a bill that preserves parental rights, for parents to decide about medical care for their minor children, we shouldn’t pick and choose.”
It also excludes parents who want to provide their child with gender-affirming care because the state Legislature nearly prohibited such care, including gender reassignment surgeries, for minors in 2023.
The ban included a narrow exemption for children diagnosed with severe gender dysphoria who are at risk of self-harm or suicide, and Morrisey could sign a bill passed by lawmakers on the final day of the legislative session that would repeal that exception. Medical professionals warned lawmakers that it would increase the risk of suicide or death among children.
According to the new Parents’ Bill of Rights, a parent is not authorized to abuse or neglect their children.
While the legislation does not impose any criminal penalties on entities that violate the law against parents, parents can use the measure in court as part of their defense in appropriate cases. The bill will take effect in July.
In 2024, the House passed a similar bill, but the Senate did not take it up for consideration.
