Texas court rules against polygamist removals

By Jim Forsyth


SAN ANTONIO (Reuters) - Texas overstepped its authority when it removed some of about 460 children from a polygamist compound last month, a state appeals court ruled on Thursday.


The ruling is the latest twist in an unfolding saga that has riveted Texas with lurid tales of adolescent brides, teen pregnancies and a secretive religious sect following its faith in a dusty corner of the state.


Texas Child Protective Services and heavily armed police units last month raided the isolated compound in west Texas and removed the children in response to allegations of abuse.


But the appeals court said that the state had not proven that the children were in immediate physical danger, and therefore were improperly separated from their parents.


"The department ... failed to establish that the need for protection of the children was urgent and required immediate removal of the children," the court said.

While the opinion covers the children of only 48 mothers, a lawyer told reporters that the ruling will likely apply to all of the children, most of whom are in foster homes across the state.


"Essentially this decision from the Third Court of Appeals said that Child Protective Services had absolutely no evidence that would justify them going in there and removing these children from this household," said Cynthia Martinez, who represents 48 of the mothers whose children were removed.

The appeals court opinion gives a lower court, which initially approved the state's actions, 10 days to act.

"We just received this information from the Court of Appeals and it is being reviewed. We are trying to assess any impact this may have on our case and decide what our next steps will be," the Texas Department of Family and Protective Services said in a brief statement.


The compound is run by followers of jailed polygamist leader Warren Jeffs. They belong to a renegade Mormon sect known as the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS).


The mainstream Church of Jesus Christ of Latter-day Saints renounced polygamy over a century ago and is at pains to distance itself from splinter groups such as the FLDS that continue to practice plural marriage.


FLDS men typically marry one legal wife while those who follow are "spiritual wives." This makes those women single in the eyes of the state which can entitle them and their children to various welfare benefits.


FLDS communities usually keep to themselves and lead austere lifestyles. The girls and women wear 19th century-style pioneer dresses and are taught from an early age to obey men.

takara40 wrote:My father felt strongly that the state of Texas had overstepped its bounds in the FLDS case. When the state took away from the older children their Book of Mormon he was appalled. We do not in America have to like someone's faith. If they have broken the law action should be taken. If not they should not be persecuted. This appears (even if initial intents were good) to have been religious persecution. I wonder also how closely the authorities are looking at the woman from the shelter and the woman who "made the phony complaint call". They have a connection it has been reported. But I believe that the trouble has only just begun for the state of Texas.

takara40 wrote:I just came off of the CBS News website and it appears that the State of Texas might be looking for a "middle ground". A way to comply with the ruling yet continue to supervise the children. I was really pleased to read that there are hundreds of lawyers there. People criticize attorneys but many do good and needful work.

takara40 wrote:Yes Aaron I have been on the CBS forum and a few others. I found this particular one on a Google search. I thought I might do an internship in WV. The WV Supreme Court of Appeals is very interesting, so the Law Library must be fascinating. It does not appear that internship will come through however. I thought this would be a good way perhaps to meet people. I do not particularly like the "social chat rooms." I take an interest in substance rather than small talk.

takara40 wrote:Aaron I would hope it would never be necessary to call the police. Civil dialogue should always be observed. There is no good reason for it to be any other way. Enjoy your weekend.

How many FLDS/Wacos do we need before we come to the conclusion that we need the right to defend ourselves from both criminals AND tyranny? I'm not suggesting that the polygamists should have fired on those taking away their kids, but I am saying that these kinds of situations make me worry about the government's excessive and irresponsible use of their power in the future.

TerryRC wrote:I look at it like this - I have a moral opposition to using organized religion to brainwash and control generation after generation. I think organized religion closes more doors and minds than it opens. I tolerate it, though, because to oppose it is anti-freedom.

I guess the cost of that is the occasional Jonestown or Waco.

TerryRC wrote:How many FLDS/Wacos do we need before we come to the conclusion that we need the right to defend ourselves from both criminals AND tyranny? I'm not suggesting that the polygamists should have fired on those taking away their kids, but I am saying that these kinds of situations make me worry about the government's excessive and irresponsible use of their power in the future.

Sometime freedoms come with a price.

Ultimately, I think Texas did overstep its bounds

The thing is, I can see how they might have wanted to avoid a Jonestown or Heaven's Gate or a Waco.

I look at it like this - ..................