SJR 34 & HJR 112

– A Toxic Amendment That Endangers Texas Children and Parental Rights

Texas Senate Joint Resolution 34 (SJR 34), authored by Senator Bryan Hughes, and House Joint Resolution 112 (HJR 112), authored by Representative James Frank, are being peddled as a victory for parental rights. This is a grotesque deception. These resolutions are a trash amendment that will shred the fragile protections Texas parents have to safeguard their children from state overreach. Far from empowering families, SJR 34/HJR 112 will enshrine unconstitutional language in the Texas Constitution, handing a loaded gun to agencies like Child Protective Services (CPS), schools, and health departments. By codifying the vague and dangerous “compelling state interest” standard, these bills invite abuse—especially now that the U.S. Supreme Court has abolished Chevron deference, leaving courts less likely to rubber-stamp agency interpretations of such sloppy language. This amendment won’t protect kids; it will codify the state’s excuse to violate their rights and yours. We must obliterate this proposal before it poisons our Constitution.

Why SJR 34/HJR 112 Are a Catastrophe

1. “Compelling State Interest” Is a Blank Check for State Abuse
   Texas law already declares the “best interest of the child” a compelling state interest (Texas Family Code § 153.002). SJR 34/HJR 112 add nothing but a toxic phrase—“compelling state interest”—that echoes the unconstitutional vagueness of Article I, Section 11(b) in the Texas Bill of Rights. This term is a legal landmine, giving courts and agencies a catch-all to justify trampling parental rights. Forced vaccinations? CPS snatching kids without cause? Schools imposing curricula or medical decisions over parental objections? All can be cloaked as “compelling state interests.” With the Supreme Court’s 2024 decision to overturn Chevron deference (Loper Bright Enterprises v. Raimondo), courts no longer defer to agency interpretations of ambiguous laws. Yet, embedding this vague standard in the Constitution risks judges deferring to state claims of “interest” anyway, empowering bureaucrats to run roughshod over families with little judicial pushback. This isn’t protection—it’s a state power grab.

2. Unconstitutional, Redundant, and Reckless
   This amendment is a constitutional travesty. Parental rights are already enshrined in Texas law (Family Code § 151.001) and U.S. Supreme Court precedent (Troxel v. Granville, 2000; Meyer v. Nebraska, 1923). Adding “compelling state interest” doesn’t bolster these rights—it undermines them by inviting state overreach, much like Section 11(b) erodes due process. Post-Chevron, vague language is a judicial wildcard: courts, unbound by agency deference, may interpret “state interest” broadly, siding with CPS or schools over parents. It’s redundant, restating existing law, but reckless, opening a Pandora’s box of abuse. We don’t need a flawed amendment—we need to enforce what already exists.

3. Supercharges CPS, Schools, and Agencies
   SJR 34/HJR 112 are a dream come true for power-hungry bureaucrats. CPS, already a menace to families, will wield “compelling state interest” to justify seizing children with flimsy evidence. Schools could bypass parents on vaccinations, counseling, or curricula, claiming a constitutional mandate. Health agencies might push mandatory medical interventions, citing the same vague standard. Without Chevron deference, agencies can’t rely on courts to bless their overreach automatically—but this amendment gives them constitutional cover to try anyway. It’s a blueprint for tyranny, not a shield for kids.

4. Betrays Parents in Family Court
   Don’t buy the lie that this helps parents in family court. Courts already use the “best interest” standard, and this amendment won’t change their playbook. Instead, it hands judges a new club: “compelling state interest” will make it easier to uphold CPS removals or school mandates, crushing parents fighting for their kids. If you’re battling in court, this language will be your enemy, not your ally. It entrenches the status quo, where families are too often steamrolled.

5. Rejected by Child Protection Warriors
   Every group fighting for Texas kids—homeschoolers, parental rights advocates, vaccine choice defenders—has screamed “NO” to SJR 34/HJR 112. They know this language is a Trojan horse. From CPS reform advocates to school choice fighters, the consensus is clear: “compelling state interest” has been weaponized elsewhere (e.g., California’s school mandates) to erode freedoms. These resolutions don’t unite Texans—they spit in the face of those defending our children. When the frontline says this is poison, we ignore them at our peril.

The Post-Chevron Reality

The Supreme Court’s abolition of Chevron deference in Loper Bright (2024) means courts no longer bow to agency interpretations of vague laws. That’s a win for checking federal overreach, but SJR 34/HJR 112 threaten to undo it in Texas. By etching “compelling state interest” into the Constitution, these bills give agencies a shiny new toy to wave at judges, who may still defer to state claims in family or school disputes. Without Chevron’s guardrails, vague language like this is a recipe for inconsistent, pro-state rulings that hurt parents. We need precision in our laws, not ambiguity that invites abuse.

Parental Rights Deserve Better

Texas doesn’t need a sham amendment to protect parents—we need action. Enforce Family Code § 151.001, which already gives parents control over their kids’ upbringing, education, and medical care. Abolish the unconstitutional agency that is Child Protective Services. Stop schools from sidelining parents. Block forced medical interventions. Senator Hughes and Representative Frank should know better than to push a feel-good resolution that’s really a gut-punch to families. This isn’t leadership—it’s political cowardice, and our kids will pay the price.

Emergency Call to Action: Kill This Now

SJR 34/HJR 112 are a clear and imminent threat to Texas families. They don’t codify parental rights—they codify the state’s power to crush them. We must stop this garbage amendment before it’s too late. Here’s how:

• Grill the Bill Authors: Call Senator Bryan Hughes (512-463-0101) and Representative James Frank (512-463-0534). Demand they explain why they’re pushing “compelling state interest”—a term that could justify anything from CPS seizures to forced shots. Ask why they’re betraying Texas parents. Don’t let them dodge.

• Flood Your Legislators: Find your State Representative and Senator at www.capitol.texas.gov. Tell them to vote NO on SJR 34 and HJR 112. Make it crystal clear: Texans won’t tolerate a Constitution that sells out our kids to bureaucrats.

• Rally the Troops: Alert every parent, grandparent, and freedom-loving Texan. CPS and schools are already out of control—don’t give them a constitutional wrecking ball.

This is a five-alarm fire. If these resolutions pass the Legislature and hit the ballot, they’ll be marketed as “pro-family” while silently gutting our ability to protect our children. We must kill them now. Pick up the phone today. Fight like hell for Texas kids. Our families deserve a Constitution that defends them, not one that hands victory to the state.