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Home > HeightsCast > Dr. Melissa Moschella on Parental Rights in Natural and Constitutional Law
Podcast: HeightsCast
Episode:

Dr. Melissa Moschella on Parental Rights in Natural and Constitutional Law
Category: Education
Duration: 01:11:21
Publish Date: 2025-10-23 14:12:00
Description:

What are parental rights? Are they a legal stance—or a philosophical one?

In today’s conversation, Dr. Melissa Moschella of the University of Notre Dame discusses the profound and practical implications of the parent-child relationship. She then explores how those conclusions operate in the American legal tradition, tracing from natural law to John Locke to historic court cases and the public discourse today.

Chapters:

3:46 True rights imply true duties

10:04 Natural law: knowable through reason

15:00 The rights and duties of parents

22:32 Role of the state in the American tradition

28:44 Twentieth-century shift, John Rawls

37:29 Whether schools can be value-neutral

43:34 Parental rights in American courts

46:47 Beyond religious liberty

55:00 School choice as parental choice

1:00:57 Public discourse: how to talk to friends, family, neighbors

1:05:30 Her book on natural law

Links:

Melissa Moschella, Ph.D., McGrath Institute for Church Life at Notre Dame

To Whom Do Children Belong? Parental Rights, Civic Education, and Children’s Autonomy by Melissa Moschella

Ethics, Politics, and Natural Law: Principles for Human Flourishing by Melissa Moschella

Democratic Education by Amy Guttman (argued against by Dr. Moschella)

Brief of Amica Curiae in Support of Petitioners by Melissa Moschella

“Nonreligious Parents Have Rights Too,” WSJ op-ed by Melissa Moschella

Also on the Forum:

The Mortara Case: Parental Authority and Thomas Aquinas featuring Dr. Matthew Tapie and Dr. Lionel Yaceczko

Parents as Primary Educators by Michael Moynihan

Featured Opportunities:

Fathers’ Conference at The Heights School (November 1, 2025)

The Art of Teaching Boys Conference at The Heights School (January 7-9, 2026 / May 6-8, 2026)
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