GOP-pushed parental rights bill passes SC House with every Democrat voting for it
A sweeping effort to codify parents’ authority over their children’s medical and educational decisions overwhelmingly passed the S.C. House of Representatives as lawmakers adopted a longstanding GOP priority that Democrats also voted for.
In practice, if the measure becomes law, anyone under 18 would need parental consent for medications and most medical procedures, unless the child was at risk of death or “irreparable physical injury.”
Parents could also sue schools if they believe their “parental rights” were violated.
The bill still must be taken up by the Senate.
While the effort was widely endorsed by Republicans, major opposition came from some doctors, teachers, members of the LGBTQ+ community and advocacy groups.
Only one Republican voted against it, state Rep. Rob Harris, R-Spartanburg, who said the bill did not go far enough, pushing for abortion ban provisions in the bill.
Every single Democrat voted for the legislation that gives parents primary authority over decisions about their child’s upbringing, education and health care.
One of the selling points for Democrats was including stipulations protecting children when a family member is the subject of an abuse case against them. They added that cooperation to amend the bill meant a great deal.
During subcommittee hearings, medical students and doctors warned that teens sometimes seek care they are not comfortable discussing with parents, such as STD testing or birth control. Republicans countered that parental involvement, especially in difficult situations, is the point.
“Don’t you think that including the parents is necessary and vital to guide that child?” Rep. Heath Sessions, R-Rock Hill, said Feb. 3 during testimony on the bill.
On the floor, lawmakers narrowed the bill’s legal language. An amendment by Rep. Shannon Erickson, R-Beaufort, ensured that a specific set of circumstances must play out for a lawsuit to come to fruition, and teachers acting within their “official duties” cannot be sued.
Parents must first go through the school district’s administrative process. If still unsatisfied, they can file suit, but must meet a “clear and convincing” standard that their rights were violated.
The bill also requires schools to give parents at least five days’ notice and obtain affirmative consent before students participate in instruction on gender roles, gender identity, gender expression or sexual orientation.
Parents may withdraw their children from lessons they believe conflict with their moral or religious beliefs.
Another provision requires school staff to make records available to parents and prohibits them from withholding information related to a child’s “physical, emotional or mental health,” including any request made by a child to be treated in a manner that is inconsistent with his or her sex.
Critics have labeled that language an “outing clause.”
State law already requires guidance counselors and other school staff to notify students’ parents when a child asks to say they’re a different gender or to change their pronouns.
Democrats voiced concern about the potential chilling effects on teachers. Rep. Spencer Wetmore, D-Folly Beach, pointed to statutory damages tied to lawsuits against schools and how this could be harmful. Erickson pushed back.
"Most teachers are following requirements,” Erickson said, adding that the bill should not significantly change current law.
Bipartisan work ultimately shaped the final product on the House floor.
Rep. Tommy Pope, R-York, the bill’s sponsor, and Rep. Chris Hart, D-Columbia, worked together on an amendment to tighten a tort provision for the lawsuits against schools.
Rep. Courtney Waters, D-Charleston, and Rep. Wendell Jones, D-Greenville, secured language ensuring parents under investigation by the Department of Social Services or law enforcement are not granted access to a child’s medical records in ways that could jeopardize abuse cases.
Another amendment by Waters assured the state could authorize medically necessary testing when a parent is the alleged abuser.
Waters also proposed an amendment allowing parents to opt in to designate a physician as the primary decision-maker in certain medical settings.
Under the legislation, a pregnant teen or mother could make the decisions regarding her unborn or born baby but not herself.