According to news reports, the Parental Rights Act has been approved by the Virginia legislature and sent to the governor for his signature. It is expected that Governor Bob McDonnell, a Republican and a former Attorney General, will sign the bill into law.
The Parental Rights Act states that “A parent has a fundamental right to direct the upbringing, education, and care of the parent’s child.” The law amended the Code of Virginia by adding a section numbered 1-240.1, containing the previously mentioned language. The amendment goes on to say “That it is the expressed intent of the General Assembly that this act codify the opinion of the Supreme Court of Virginia in L.F. v. Breit, issued on January 10, 2013, as it relates to parental rights.” It is accepted in legal circles that the cited case recognizes the right of a parent as a fundamental right that merits strict scrutiny in its protection.
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