South Dakota is one of only 11 states without clear protections for parental rights. In 39 states across the nation, parental rights are clearly protected either by state law or by court precedent – but we are not one of them. 

South Dakota is one of 11 states in the country to not protect parental rights with strict scrutiny. This means that 39 states have some sort of regulation or precedent that says the government cannot interfere with a parent’s fundamental right to raise, educate, and direct the upbringing of their child unless it proves the interference is absolutely necessary to prevent harm. 

South Dakota senators and representatives have been working to change that for several years, but have come up short on votes due to elected officials not recognizing the importance of protecting parental rights. 

In the upcoming primary on June 2 and general election in November, South Dakota voters have the ability to defend the rights of parents by electing people to the Legislature and Governor’s office that will move South Dakota to be a state where parents have a say in crucial areas of their children’s lives.

Click here to see how candidates in YOUR district stand on parental rights.

Parental Rights Issues

These rights primarily exist to keep parents in the driver’s seat on issues such as:

• Healthcare Decisions– grants parents the legal authority to consent or decline medical treatments, surgeries, and mental health care on behalf of their children.
• Educational Direction– allows parents to choose schooling environments, review curriculums, and guide religious or moral instruction
• Family Stability– shields the parent-chhild bond from unjustified government intrusion, preventing unwarranted intervention by state actors and social workers.

Children belong to their families, not the government. Now more than ever, we’re seeing a constant battle for the minds and hearts of our youth, and that parents are often shoved to the back seat. Parents have both a constitutional right and moral duty to direct the upbringing, education, and healthcare of their children. Strengthening the rights and roles of parents is a continual battle within state governments, as seen right here in South Dakota. 

Parental Rights Cases

In 2022, Stephen Foote and Marissa Silvestri filed a lawsuit against Ludlow School Committee challenging its “gender identity” protocol. The school allowed staff to socially transition an 11-year-old girl without her parents’ knowledge or consent. Nothing could come from it, as the case was dismissed by two lower courts and eventually by the U.S. Supreme Court due to a lack of parental rights standards in Massachusetts. 

The same happened in Wisconsin in T.F. & B.F. v. Kettle Moraine School District in 2021, where the school district’s policy allowed for socially transitioning students. Two years later, the circuit court ruled that Kettle Moraine’s policy was invalid because it violated parental rights. 

Parental rights are deeply important legal standards that empower those who know their child best to make foundational decisions for their child’s upbringing. They provide a legal framework that recognizes parents, not the government, are generally best equipped to understand and nurture their children’s needs, while also balancing the state’s duty to protect minors. 

Next Steps for South Dakota

John Adams said that “The foundation of national morality must be laid in private families.” Our founding fathers acknowledged the immense importance of strong families. This is something the South Dakota legislature has yet to realize.

South Dakota currently has no parental rights protections. No direct, codified protections for parents and their children. 

In recent years, bills have been brought that would bring parental rights protections to South Dakota, but have failed to pass. In 2026, SB 190 sponsored by Senator Grove would have accomplished:

• Recognizing that parental rights are fundamental and that the government cannot infringe those rights without a compelling reason,
• Giving parents transparency about what their children are taught in schools and the tools to protect their children from objectionable content and activities,
• Empowering parents to guide and make the final decisions on mental and physical healthcare for their children
• Providing a legal remedy for families whose rights are violated, so they don’t end up like the Massachusetts case mentioned above. 

Your Role in Promoting Parental Rights
This election season, it’s more important than ever to elect officials that will recognize and defend the rights of parents in South Dakota. Visit our voter guide, DakotaVoter.com, to see how candidates in YOUR district view the importance of parental rights.

Visit DakotaVoter.com to see how candidates in YOUR district stand on parental rights.