More links for today

FLDS: Court victory but no closer to home from Austin News - KXAN

The couple also believe the raid was a form of religious persecution. Joseph Jessop said he remains convinced the state would not back off its case, no matter what evidence the couple might have presented that they were monogamous and their children were not abused.

Are FLDS sect's beliefs sufficient grounds for taking the kids? from The Christian Science Monitor

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.

Lawyers cry foul in FLDS seizures covered by many, including the Houston Chronicle

"They have created chaos. They don't know what to do. This case has holes in it the size of the Grand Canyon," said Laura Shockley, a Dallas family law specialist with six clients in the case. "There is no way to fix this." She and other lawyers say some of the seized people, especially those who it turns out are 18 or older, have potent federal civil rights lawsuits against the state.

Texas justice: Court says state acted illegally against FLDS Salt Lake Tribune editorial

In essence, here's what the court said: You can't grab people's kids and put them in foster care unless you first prove that each one is in imminent danger. And even if, for example, you have proof that an underage girl has been forced into marriage with an adult male, you can't then claim that every other child is likewise endangered and place them in state custody.
That's Texas law, the court said, and FPS didn't follow it. Nor did a district judge, who refused to return the children to their parents, even though the state hadn't proven its claim of systemic child abuse within the FLDS compound.

Texas' FLDS vendetta Robert Murton Letter to the Editor in the Salt Lake Tribune

Perhaps he has realized that Texas will not be able to justify the extreme actions of its Child Protection Services and some quirk in the Texas law will allow it to take some innocent people's property to pay for this government excess.

CPS commits moral crime against FLDS Alberta Spence Letter to the Editor in the San Angelo Standard-Times

I am not a FLDS member, just a mother and grandmother, but I know how I would feel as would most of you. We must all protest this type of gestapo action. We are not a third world country, but if we allow this to happen we are on our way.

Watchdog criticizes FLDS hearings in the Salt Lake Tribune

These people do this everyday for a living but CPS is going to give them training?

Walther out for revenge?

Walther has been, in my estimation, severely reprimanded by the appeals court - a unanimous decision voiding her judgment. It is clearly a great embarrassment, and political failure. It certainly impacts her legacy, and leaves her looking the fool on national TV.

When such things happen to humans (myself included), we tend to respond in a human way - revenge, and seek to strike out at whatever hurt us. It is the typical "fight or flight" defense, and since the judge has not stepped aside, I would suggest she is in fight mode.

Today, she heard the 14-day hearing of a set of parents. She was very careful, and said the hearing will take as long as it needs to take. She was also careful to avoid deciding the case before the long weekend, allowing the baby to stay in CPS custody another day. By taking her time, and allowing the appearance of due process, she is appeasing the appeals court, and reducing the chance that such a court will find she violated due process.

However, I fear it is all about appearance. There is no real justice. She has a fixed interest in seeing all FLDS placed in CPS custody to support her earlier ruling. There can be no real due process when the judge can unilaterally decide to support her earlier decision, and then put on a show trial.

Links for Today

Let's start off with some humor:

Dave's Political Satire has Polygamy Made Legal

Male politicians are also warming to Utah’s new offering. Rather than engage in risky extra-marital affairs and dalliances, certain high-needs officeholders can now satisfy their urges within the law.

FACT has Top Ten Signs You Are A Victim of Religious Persecution

9. Your religion is constantly referred to as a cult.
4. The state accepts birth certificates as proof of age for everyone
except those practicing your religion.
2. You have to prove to the State you can raise children, when you
have been raising them just fine.

Legal Documents relating to the reversal:
Appeals Court Decision
Amicus Curae letter of support
Texas RioGrande Legal Aid was the legal group that helped in the filing.

County Sheriff Travis McPherson - "I think that TRLA is the problem because they're supplying these people with the information and they're telling them all about the Federal laws and everything."

Polygamy? It's positively biblical on The Philadelphia Inquirer opinion page by Martha Nussbaum, the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago

Yet in 1878, the U.S. Supreme Court would uphold an anti-polygamy statute with these words, extraordinary from justices who were supposedly Bible readers: "Polygamy has always been odious among the northern and western nations of Europe, and, until the establishment of the Mormon Church, was almost exclusively a feature of the life of Asiatic and of African people."

I would like to personally thank the FLDS for standing up to the state. You have defended the family rights of everyone!

Links for today

NPR has a nice little article on "The Merry Wives
Polygamy Cafe Feeds the Hungry and Curious
In trying to find info on it, I noticed that it has already been covered by Brooke Adams and the Deseret News. If you would like to visit, eat there, or ask a question, their phone number is (435) 874-1425, and here is a map.

The FLDS have started a website with news and opinions, Truth will Prevail, as has been noted by many others. This recent article makes a strong legal point:
YFZ Children Lived in Separate Homes

Anyone visiting the YFZ community and examining the conditions under which the children lived knows that this perception is false and is either the result of ignorance or of a purposeful distortion of the facts. Those attorneys for the women and children who actually made such a visit were surprised, after hearing the news reports, to find that the families lived in separate homes where each family was an individual entity. It might also be remarked that they found the homes all to be well built, neat, and orderly---a far cry from the facilities in which the children have been living for the last six weeks and hardly the type of environment one would associate with child abuse.

Finally, the CPS has admitted in court that, essentially, Sarah does not exist, by admitting that her child does not exist. It is about time!
Live from the Courthouse (Note that this link may only be temporary)

Revisiting a case that the court quickly reviewed at the start of the morning, Judge Ben Woodward signed paperwork to put a case on hold involving a child called "Baby Girl Jessop." Child Protective Services reported this morning that its workers do not believe the child exists.

I think the press should report this with the same vigor they reported the original phone call, as well as the many instances of CPS insisting that Sarah was real.

Taking Liberties by Akka Gordon
Talks about problems from her time with ACS in New York. It clearly shows that parents need a Bill of Rights to protect us from unchecked and arbitrary acts of governmental agencies that serve as both prosecutor and judge.

But it did not take long for me to see that there was no adventure here. Many of these families were harassed, their rights systematically violated by ACS. Their children were being swallowed up by an agency that too often operated on virtually unchecked authority, wielded arbitrarily. And I represented that agency.

Letter to my Senators and Congressmen

I sent the following to Senators Kyl and McCain through electronic submission, and delivered a signed copy directly to my local representative, Raul Grijalva:

April 17, 2008


Honorable Representative Grijalva:


I am very concerned about constitutional violations in the recent raid on the FLDS compound in Eldorado, Texas. Texas has a long history of “Jim Crow” laws and religious persecution, raising the possibility of a systematically corrupt state legal system. For example, though Arizona authorities checked the same charges and found them to be without merit, Texas authorities acted without first performing due diligence. Reports on the raid indicate the parents have been denied constitutionally guaranteed due process, have had their rights of free speech suppressed, have been illegally stripped of parental rights, and have been subject to unlawful search and seizure.


These violations happened to a small and unpopular group, but it is exactly these types of situations in which constitutional protections are needed. Nazi Germany also started with the persecution of small and unpopular groups such Jews and Gypsies. Such erosion of liberty when laws are used as tools of intolerance affects everyone. I would encourage you to take the following emergency actions:


1- Encourage the Civil Rights Division of the United States Department of Justice to officially examine the actions of the state, and determine whether the civil rights of the parents were violated, and whether religious discrimination has played a role in the proceedings.


2- Hold Congressional Hearings on the raids, requiring accountability of the Texas authorities.


Thank you very much for your consideration,

xxxxx

I encourage you to write your own letters to your own congressional representatives.