The West Virginia Capitol in Charleston, W.Va. (Perry Bennett | West Virginia Legislative Photography)
Gov. Patrick Morrisey signed a bill on Monday codifying a “Parents’ Bill of Rights” for West Virginians. The Republican-backed measure says, “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 states — 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, praised the governor for signing the bill. He said the legislation will ensure parents remain free to guide the upbringing of their children.
“Parents love and know their child best, and they have the right and duty to direct the upbringing and care of their children,” Carpenter said. “In no world should the government intrude on parenting choices just because it disagrees with the parents.”
House Bill 2129 includes language that a parent has a right to educate their child through homeschooling or in public and private school, and they can access and review all school records relating to his or her minor child.
It also says parents have a right to make health care decisions for their child.
It does not apply to a parental action or decision that would end life, like a minor accessing an abortion. West Virginia has a near-total abortion ban that includes a narrow exception for rape and incest, including for minors who are victims of rape and incest and can currently access an abortion up to 14 weeks.
Del. Evan Hansen, D-Monongalia, opposed the measure when the House Judiciary Committee vetted it in February.
“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,” he said. “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 a parent seeking to access gender-affirming care for their child because the state Legislature nearly banned that type of care, including gender reassignment surgeries, for minors in 2023. The ban included a narrow exemption for children who are diagnosed with severe gender dysphoria who are at risk of self harm and suicide, and Morrisey could sign a bill — passed by lawmakers on the final day of the legislative session — that would eliminate that carve out. Medical professionals warned lawmakers that it will lead to increased child suicide risk or death.
The bill does not authorize a parent to engage in child abuse or neglect, it says.
While the legislation does not lay out any criminal penalties for entities that violate the law against parents, the measure can be used by parents in court as part of their defense in relevant cases. The bill will take effect in July.
The House passed a similar bill in 2024, but it wasn’t taken up by the Senate for consideration.