Texas appeals ruling on polygamists' children
7 replies
DevilFin13SupporterOPhttp://www.msnbc.msn.com/id/24793293
State supreme court is asked to block lower court order to release them
SAN ANGELO, Texas - Texas child welfare authorities on Friday appealed to the state supreme court after a lower court ruled they had no right to seize more than 440 children from a polygamist sect’s ranch.
Osler McCarthy, a spokesman for the Texas Supreme Court, said the state was askig the high court to block Thursday's appeals court ruling, which said the state failed to show that the children were in any immediate danger when they were rounded up last month.
Members of the Fundamentalist Church of Jesus Christ of Latter Day Saints hailed the ruling as vindication. They say there has been no abuse at the ranch in west Texas and they are being persecuted for their religious beliefs.
The Third Court of Appeals in Austin ruled that the state offered "legally and factually insufficient" grounds for the "extreme" measure of removing all children from the ranch, from babies to teenagers.
The state never provided evidence that the children were in any immediate danger, the only grounds in Texas law for taking children from their parents without court approval, the appeals court said.
It also failed to show evidence that more than five of the teenage girls were being sexually abused, and never alleged any sexual or physical abuse against the other children, the court said.
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[deleted]Luxury BoxWhile I disagree with what may be happening inside the compound, we can not allow the government to run amok with unlimited powers to seize property and persons without due cause.
In the immortal words of Cheech and Chong: "Bailiff!; Whack their pee-pee"
OhiophinphanStaff"Celtkin wrote:
While I disagree with what may be happening inside the compound, we can not allow the government to run amok with unlimited powers to seize property and persons without due cause.
In the immortal words of Cheech and Chong: "Bailiff!; Whack their pee-pee"
This case, indeed the whole history of the gvernment regarding Mormon polygomy has come close to trampling on the non interference portion of the freedom of religion question. I think what is happening there is an abomination as a Christian, but as an American I want to see them convinced by force of persuasion and not by force of law.
OHIOPHINPHAN
Witness to the first ever practice of the Miami Dolphins, 1966.
DevilFin13SupporterIts a tough issue. If it wasn't for kids being involved I would come down pretty easily on letting these people practice whatever they want. But I've seen what just a normal divorce can do to a kid. I'm not sure I want a kid to go through something with multiple adults involved.
DarkoakNew Member"This case is about adult men commanding sex from underage children; about women knowingly condoning and allowing sexual abuse of underage children; about the need for the department to take action under difficult, time-sensitive and unprecedented circumstances to protect children on an emergency basis," the state agency said in its appeal.
I will forgive the government on this considering what the implications of doing nothing could be.
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DOLPHAN1Luxury Box"Darkoak wrote:
I will forgive the government on this considering what the implications of doing nothing could be.
indeed. it is a double edged sword. once there was an unfounded decision, then it should be up to the local authorities to put things back as best as they can. but also keep an eye on them for the children's sake.
[deleted]Luxury BoxThe problem is that we have the Exclusionary Rule that disallows any evidence discovered as a result of an illegal search or seizure.
We may collectively dislike excluding evidence that has been obtained illegally but it is the necessary 'evil' that protects the other 99.9% of us.
padre31Luxury BoxPunish the guilty let the rest go free ASAP, the State of Texas has largely manufactured this episode, now they wish to drag it out for months and steal the property owned by the Church to pay for the situation that they have created.
Texas's problem is they are punishing the just and unjust exactly alike, and such tactics are anathema to our Constitution.