SB 1005 - Authorizes Litigation Against Schools that Provide LGBTQ+ Affirming Spaces - Arizona Key Vote

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Title: Authorizes Litigation Against Schools that Provide LGBTQ+ Affirming Spaces

Vote Smart's Synopsis:

Vote to pass a bill that authorizes litigation against schools that provide LGBTQ+ affirming spaces.

Highlights:

  • Specifies that all parental rights are exclusively reserved for parents of a minor child without any obstruction from the government (Sec. 1). 

  • Specifies that protected parental rights include (Sec. 1):  

    • The right to direct the education of the minor child; 

    • The right to access and review all records relating to the minor child; 

    • The right to direct the religious and moral training of the minor child; 

    • The right to make all decisions about the child’s health care 

    • The right to access all of the minor's child medical documents (as long as they are not prohibited by law or under investigation for a crime against the minor child);

    •  The right to consent in writing before the minor child undergoes a biometric scan; 

    • The right to consent in writing before any record of the child’s minor child's blood or DNA is created or stored; 

    • The right to consent in writing before the state makes a video or voice recording of the minor child; 

    • The right to be notified promptly if a crime is being or has been committed against the minor child; and 

    • The right to obtain information regarding a child safety services investigation. 

  • Specifies that having these rights do not authorize or allow a parent to abuse or neglect their child (Sec. 1). 

  • Specifies that parent’s having these rights does not prohibit government agencies responsible for child welfare from acting in their authority to protect the child (Sec. 1).

  • Authorizes disciplining any state employee that encourages or coerces a minor child to withhold information from their parents (Sec. 1). 

  • Requires that the state or any official of the state does not interfere with the rights of parents to direct the upbringing, education, health care and mental health of their children (Sec. 1). 

  • Authorizes the parents right to sue if the state or any official of the state interferes with the rights of parents to direct the upbringing, education, health care and mental health of their children (Sec. 1). 

  • Specifies that if any action is taken the government entity or any other state official must take on the burden of proof and prove the following (Sec. 1): 

    • The interference is essential to accomplish a compelling government interest of the highest order; and 

    • That the method of interference is the least restrictive method.

Title: Authorizes Litigation Against Schools that Provide LGBTQ+ Affirming Spaces

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