South Dakota Lawmakers Block 'Rights of a Parent' Measure

The bill aimed to codify parental rights, but faced concerns over child abuse and healthcare

Published on Mar. 4, 2026

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The South Dakota House of Representatives voted 35-30 to defeat a bill that would have codified a parent's right to 'direct the upbringing' and 'moral and religious training' of their child. Opponents raised concerns about the bill enabling abusive and neglectful parents, as well as unintentionally criminalizing teachers and coaches.

Why it matters

The bill was seen as part of a broader debate over parental rights and the role of government in family life. Supporters argued it would protect parents from government overreach, while opponents feared it could undermine child welfare protections.

The details

The legislation, brought by Sen. Tamara Grove, R-Lower Brule, would have required 'consent before any state agency or political subdivision of this state makes a video or audio recording of the minor child,' with exceptions for legal processes and public spaces. Opponents argued this could inadvertently get well-meaning teachers in trouble for remote learning or video projects.

  • The state Senate passed the bill 19-15 last month.
  • The House of Representatives voted 35-30 on Monday to defeat the bill.
  • A reconsideration attempt failed on Tuesday.

The players

Sen. Tamara Grove

The Republican state senator who introduced the 'rights of a parent' bill.

Rep. John Hughes

A Republican state representative who supported the bill in the House.

Rep. Taylor Rehfeldt

A Sioux Falls Republican state representative who opposed the bill, citing concerns about enabling abusive parents.

Rep. John Shubeck

A Beresford Republican state representative who opposed the bill, concerned it could inadvertently criminalize teachers.

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What they’re saying

“The problem today is that we have medicine and education that is postured to divide the child from the parents. I think it's time that we provide that the law requires otherwise.”

— Rep. John Hughes, State Representative (South Dakota Searchlight)

“If there's any doubt in any of our minds that this bill passage would enable a parent to put that abuse on their child, we can't pass it.”

— Rep. Taylor Rehfeldt, State Representative (South Dakota Searchlight)

“It just concerns me that well-meaning teachers will get in trouble. I like giving the parents the ability to monitor what their kids are being taught, I'm just concerned about myself and others getting inadvertently swept up into breaking the law.”

— Rep. John Shubeck, State Representative (South Dakota Searchlight)

The takeaway

This debate highlights the ongoing tensions between parental rights, child welfare, and the role of government in family life. While supporters argued the bill would protect parents, opponents feared it could undermine important safeguards against abuse and neglect.