27 May 2008
The Saga Continues
Posted by Joy Bischoff under: Constitution in Peril .
Many of our readers have made insightful comments about the FLDS situation. Most of you understand that although there are things we don’t like about the customs of the FLDS, if we allow an unpopular religion to lose their Constitutional rights to freedom of religion, then we will be setting a precedent that will come back to haunt us. If the FLDS will change the custom of early marriage, then they should be left alone to practice their religion. There is a lot more of this article for those who want to follow the link.
Are FLDS sect’s beliefs sufficient grounds for taking the kids?
Texas Supreme Court is set to weigh in on state’s actions toward a polygamous sect.
Phoenix - Are the beliefs of the Fundamentalist Church of Jesus Christ of Latter Day Saints
(FLDS), the polygamous sect that the state of Texas has also accused of child abuse, sufficient grounds for removing all the children from the group’s compound in Eldorado, Texas?
The answer now lies in the hands of the Texas Supreme Court, and how it rules will help resolve a major church-state clash that began when Texas officials last month took some 460 minors from the sect’s Yearning for Zion ranch after receiving phone calls from an alleged underage spouse complaining of physical abuse. That complaint, it turns out, was almost certainly a hoax – the first in a series of bad news for the Texas Department of Family and Protective Services (DFPS).
It also now appears that evidence about the sect’s belief system that the state collected during the raid – and presented to a district court to justify its temporary removal of the children – is probably flawed. In the DFPS’s biggest setback so far, a Texas appeals court on May 22 overturned the district court’s decision to keep the children in state custody temporarily.
“Existence of the FLDS belief system as described by the [DFPS] witnesses, by itself, does not put children of FLDS parents in physical danger,” the ruling read. “It is the imposition of certain alleged tenets of that system on specific individuals that may put them in physical danger.”. . .
The appeals court decision, in fact, was a stiff rebuke to the DFPS and the district judge who allowed the state to take custody of the FLDS children. Not only did it say the “pervasive belief system” of the FLDS sect did not endanger all the children, it also found that the removal of the children and their subsequent placement in foster care were not warranted.
10 Comments so far...
Matt Says:
27 May 2008 at 10:33 am.
Now it is out in the open that this was really about attacking a belief system so it will be very important to watch how it all plays out.
Hank Says:
27 May 2008 at 1:27 pm.
That judge needs to be kicked off the bench.
Carrie Says:
27 May 2008 at 1:48 pm.
I won’t be happy until those kids are back with there moms.
E.E. Says:
27 May 2008 at 5:16 pm.
This reminds me of that quote by Thomas Jefferson on Sunday. This kind of thing teaches people to fear their government instead of the other way around and spells trouble.
Bryon Says:
27 May 2008 at 9:40 pm.
Excellent point E.E.
We should not allow the Government to interfere with peoples beliefs. If those beliefs are harmful or illegal and acted upon then they will be dealt with in court. We should be able to believe whatever we want and say what we want as long as we are within the law. The founding fathers admitted that the constitution only works with a righteous nation. The parents should protect against racist and other hateful beliefs. The government shouldn’t have to deal with things the family is supposed to prevent.
avatar Says:
28 May 2008 at 1:42 pm.
I see the case as being more about individual parental/child rights vs. the whims of overzealous child protection officials than about an attack on religious belief (although that’s there, too, of course, given the unpopular FLDS belief in polygamy). One good thing about the mess is that the seizure of children was on such a large scale that it simply could not be ignored. I suspect there are other parents in Texas who have had their children seized without good reason, who never make it into the news. Unfortunately, in all too many cases, it probably is the people who fear their government (with reason) rather than the other way around. The Texas child protection officials are presently doing some desperate backpaddling in their search for justifications for their abuse of power, and it’s good to watch.
CindyL. Says:
28 May 2008 at 2:10 pm.
I think it is about setting a precedent. If they get away with taking the kids because of dangerous beliefs, then the next time it will be easier to get away with interfering with some religion that isn’t quite as bad, and pretty soon it will be all Christians. Step by step that kind of thing happens.
SGS Says:
28 May 2008 at 3:44 pm.
CindyL, this is not as bad as say, the gay advocates taking away your children because you have taught them that homosexual lifestyle is wrong. This is only a few short steps beyond what Texas’ DFPS have done.
Jan W. Says:
28 May 2008 at 5:31 pm.
Oh great. SGS, I hadn’t thought about that. Now I am really concerned. I could sure see them pulling something like that now that you mention it.
Ghost Says:
28 May 2008 at 10:35 pm.
There has been too much bad press on how Texas handled this. I don’t think the Texas Supreme Court will overturn the appeals court. So far so good. The FLDS need to go after big settlements.
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