Friday, May 23, 2008

Texas v. FLDS: Texas Imitates WI, Flouts Constitution

Seems like those "child protection" folks need a little review-time on the Constitution.

In Texas, just like in Wisconsin, a court slapped down an out-of-control "social services" department.

In a ruling that could torpedo the case against the West Texas polygamist sect, a state appeals court Thursday said authorities had no right to seize more than 440 children in a raid on the splinter group's compound last month.

The Third Court of Appeals in Austin said the state failed to show the youngsters were in any immediate danger, the only grounds in Texas law for taking children from their parents without court action.

It was not clear when the children — now scattered in foster homes across the state — might be returned to their parents. The ruling gave a lower-court judge 10 days to release the youngsters from custody...

..."Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal."

The court also said the state was wrong to consider the entire ranch as a single household and to seize all the children on the grounds that some parents in the home might be abusers

Ironic, too, that under the language of a recent SCOCA ruling, the FLDS' un-natural "marital" practices would be perfectly Constitutional. (See dissenting opinion from SCO CA.)

5 comments:

Dan said...

I certainly feel vinidacted by this ruling. As one of the only few posters who thought the Texas authorities went to far, I was ridiculed. But it turns out I was right.
And it is worse than thought. The Texas CPS took ADULTS into foster care. Adults as old as 26. That is kidnapping.
The CPS also said that 31 girls were underage when they gave birth. Turns out only 5 were.
The Texas CPS is out of control, but since it is for the children and mostly liberal, I am sure the same apologists will continue to defend these out of control social workers.

discalcedyooper said...

dan,

The local judge was a Republican FWIW. It was a very distinct minority who found this action outrageous.

Amy said...

Ironic, too, that under the language of a recent SCOCA ruling, the FLDS' un-natural "marital" practices would be perfectly Constitutional. (See dissenting opinion from SCO CA.)

Except that religion is involved. Which would make it a whole different kettle of fish in the eyes of some.

Is FLDS weird? Yeah. It's a "Dr. Quinn called, she wants her wardrobe back" moment for most of America. Should the abusers be prosecuted? Certainly.

But, like you Dan, I found the mass removal of children who *weren't* abused - and the treatment of the whole ranch as a household - alarming. Don't even get me started on the adults whose children were taken from them at birth in the hospital.

That would be like saying my neighbor beat his kids, so *mine* needs to go with CPS because we live in the same building...

discalcedyooper said...

Just to be clear, I concur with the Texas Appeal Court and have gotten considerable grief on the matter to boot. One of those issues I actually ahd to ban people on.

Neo-Con Tastic said...

I too, am in the same boat. I deplored the actions of Texas but to most people, they felt I was condoning the actions of a few in the FLDS. I loathe that logic.

Four words should sum this up: Waco was in Texas.