Summary

The Family Freedom Project made passage of the Parental Rights Amendment its top legislative priority, resulting in Texans overwhelmingly approving explicit constitutional protections for parental rights. Soon after the amendment became law, the Texas Supreme Court heard In the Interest of K.N., et al., a CPS case involving the removal of children from their parents after a lengthy non-emergency investigation. Despite repeated findings that the children were safe, the State ultimately terminated both parents’ rights to all four children.

Before the amendment’s passage, Family Freedom Project filed an amicus brief arguing that Texas courts lacked meaningful constitutional limits on state power in parental-rights cases and that state interference must meet strict scrutiny. During oral arguments, the Texas Supreme Court directly questioned how the new amendment should apply and requested additional briefing focused on its implications.

In the current round of briefing, multiple parties have addressed the constitutional limits on the State’s authority over families. Family Freedom Project’s supplemental brief urges the Court to clarify the governing constitutional rule: when the State interferes with parental rights, it must satisfy strict scrutiny and act only when necessary to protect a child from real harm, using the narrowest possible means.

The outcome of this case will have far-reaching consequences for families across Texas. The Court’s decision will determine whether the Parental Rights Amendment functions as a meaningful limit on state power or remains symbolic, shaping how courts enforce parental rights in practice going forward.