Chapter 4 – Our Solution
This fight will be tested in the highest court — we are preparing airtight arguments from the beginning.
The Constitution Protection Act is not just a policy proposal. It is the foundation for a legal battle that will almost certainly reach the Supreme Court of the United States. To succeed, we must begin with the end in mind — structuring cases, arguments, and remedies so that every step builds toward victory in the highest court.
Step 1 – Identify the Injury
Every case begins with an injury. In our context, injuries include:
Students being compelled to recite a prayer or pledge of ideology;
Parents denied transparency or punished for opting out;
Citizens denied access to benefits because they refused to endorse a contested belief;
Officials using taxpayer-funded resources to circulate devotional directives (e.g., Paxton’s KJV prayer email).
Documented injuries create standing. Without them, no case can begin.
Step 2 – File in Federal District Court
Lawsuits are filed against the responsible state or local officials in their official capacity. Relief sought is prospective — declaratory judgments and injunctions. Claims include:
Compelled Speech (Barnette; Wooley; Janus; 303 Creative)
Establishment Clause (Engel; Abington; Kennedy)
Free Exercise (coercion or penalties for dissent)
Due Process (lack of notice and transparency).
At this stage, the goal is not just relief, but also building a clear factual record: emails, lesson plans, grading rubrics, affidavits, meeting minutes, recordings.
Step 3 – Appeal to the Circuit Court
If relief is denied, or if the state appeals, the case proceeds to the U.S. Court of Appeals (for Texas, the Fifth Circuit). The record must be strong, arguments clean, and briefing tightly tied to precedent.
We expect the State to argue:
Curriculum and training are “government speech”;
The Establishment Clause allows broader “history and tradition” practices;
Neutrality equals hostility.
Our answers are prepared:
Government may teach; it may not compel.
Neutrality forbids coercion; it does not silence private faith.
Unconstitutional conditions doctrine bars tying benefits to ideology.
Step 4 – Petition for Certiorari
If the Fifth Circuit rules against us, or if the issue is split among circuits, we petition the Supreme Court. The petition must highlight:
A clear conflict with existing precedent (Barnette, Engel, Kennedy, Janus).
A live constitutional question of national importance.
A record demonstrating coercion and compulsion.
Step 5 – Oral Argument and Decision
At SCOTUS, the case will turn on first principles:
The Constitution is not a suicide pact — it does not require the people to submit to compelled belief.
Liberty survives only when government remains neutral in matters of conscience.
The Court has already said no official may prescribe orthodoxy. We are asking them to reaffirm and extend that principle to all taxpayer-funded institutions.
Strategic Advantages
Historical grounding: Madison, Washington, Henry, Harlan.
Doctrinal consistency: Gorsuch and Thomas echo Barnette.
Modern context: From SB 11 to official devotional directives, the facts align with precedent.
Public support: Resolutions and grassroots momentum show this is not theory but lived injury.
Why This Matters
The State of Texas — and others — will continue to push the boundaries, inserting prayer, creed, or ideology into taxpayer-funded institutions. The only way to stop it is through legislation and litigation. The Constitution Protection Act prepares us for both.
This fight will not be easy. But it is necessary. And it is winnable — because the Constitution is clear: government cannot compel belief.
With the legislation, resolutions, and litigation roadmap in place, we now turn to the practical side: how ordinary citizens can take action to defend liberty where they live.