9th Amendment Project: Official Advocacy Statement
Document ID: 9AP-POLICY-2026-006
Subject: Opposition to Alaska Senate Bill 238 (SB 238)
Jurisdiction: Parental Sovereignty & The Equal Application of Law
The 9th Amendment Project (9AP) has formally classified Alaska Senate Bill 238 (SB 238) as a structural violation of the jurisdictional integrity of the family. Introduced by State Senator Scott Kawasaki, this legislation seeks to create a privileged class of state-funded employees—specifically librarians, museum workers, and school officials—who are shielded via “affirmative defense” from criminal consequences related to the distribution of indecent material to minors. This act effects a state-sponsored disparagement of the inherent rights of parents to govern the moral and educational environment of their children.
The 9th Amendment of the U.S. Constitution mandates that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Central to these retained rights is Parental Sovereignty—the pre-political authority of the family unit to direct the upbringing and education of their offspring without state-mandated exposure to explicit materials.
- U.S. Supreme Court Precedent (Parental Rights): In Pierce v. Society of Sisters (1925), the Court held that “the child is not the mere creature of the State” and that those who nurture him have the “right, coupled with the high duty, to recognize and prepare him for additional obligations.” SB 238 disparages this duty by stripping parents of the ability to hold state agents accountable for exposing children to material the parents deem harmful.
- Federal Precedent (Equal Protection): Under the 14th Amendment, no state shall “deny to any person within its jurisdiction the equal protection of the laws.” By granting a specific class of state employees an “affirmative defense” against charges like enticement of a minor or distribution of indecent material, SB 238 creates a dual-track legal system where the state’s agents are held to a lower criminal standard than the sovereign citizen.
- Alaska Constitutional Conflict: Article I, Section 1 of the Constitution of the State of Alaska declares that “all persons have a natural right to life, liberty, the pursuit of happiness… and that all persons are equal and entitled to equal rights, opportunities, and protection under the law.” By immunizing state employees from the very laws used to prosecute others, SB 238 violates the “equal protection” mandate of Alaska’s own Bill of Rights.
The 9AP Analysis: Legal and Judicial Overreach
SB 238 attempts to prioritize the “intellectual freedom” of the state institution over the “moral jurisdiction” of the parent. This is a tactical maneuver to move the “curation” of childhood away from the home and into the administrative state.
- Alaska Supreme Court Precedent: In Breese v. Smith (1972), the Alaska Supreme Court recognized that the state constitution protects “the right to be left alone” and individual autonomy. The 9AP maintains that this includes the right of the family to be left alone by state agents seeking to introduce explicit content into a minor’s development against parental consent.
- Procedural Hostage Rule: The requirement that challenged material must remain on the shelf during review constitutes a “stay of justice” that forces the community to endure potential harm while the state adjudicates its own conduct.
The 9AP Mandate: A Call to Action
The 9th Amendment Project stands in defense of the Sovereign Parent. The right to direct the moral education of a child is a right retained by the people under the 9th Amendment and protected by the 14th Amendment. The state possesses no authority to grant its agents a “license to entreat” or a “shield for indecency.”
We demand the immediate defeat of SB 238 in the Senate Judiciary Committee. We call on all Alaskans to challenge this “Immunity Act” to prevent the irrevocable disparagement of the family unit’s jurisdiction.
“The home is a sovereign jurisdiction; the school is a service provider. Parental authority is a right we retained, and it is a right we will defend.” — 9th Amendment Project Charter
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