It argued that conduct that falls outside the beliefs and doctrines of a church is not entitled to constitutional protection. If Texas can prove sexual exploitation occurred at the ranch, that would nullify any potential freedom of religion arguments, the brief states.

Texas RioGrande Legal Aid communications director Cynthia Martinez declined to discuss the institute brief but believes its appeal has merit.

"We believe we have a very strong argument in defense of these mothers," she said.

The TRLA appeal argues that Walther ordered all children be removed from their mothers without showing evidence that the mothers posed a danger to the physical health and safety of their children, which is required by law. Attorneys for the mothers also argue that Texas authorities failed to consider other options, such as ordering the men to leave the ranch and allowing the children to return or ordering mothers and their children to live elsewhere.

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