Legal challenges to the raid on the FLDS compound in Eldorado, Texas are starting to pile up. MSNBC and AP report:

The state of Texas made a damning accusation when it rounded up 462 children at a polygamous sect’s ranch: The adults are forcing teenage girls into marriage and sex, creating a culture so poisonous that none should be allowed to keep their children.

But the broad sweep — from nursing infants to teenagers — is raising constitutional questions, even in a state where authorities have wide latitude for taking a family’s children.

I believe that before this is over it will deal a severe blow to aggressive child protection agencies across the country. I don’t mind the government taking custody of children that are clearly being abused, but taking them when there is merely potential for abuse is a bit over the top. And there’s the question about what kind of care the children will get in foster homes. Just a few years ago there was a case in Florida where a foster parent of about a dozen children essentially had them enslaved and imprisoned in her home.

Up until about 70 years ago it was not unusual for 15-17 year-old girls to marry. And some of them weren’t shotgun weddings. One of my relatives married at 15. I know someone whose mother married at 14. My wife and I got married in 1961 when she was 18. I don’t have the statistics at hand (and I’m too lazy to look them up) but I’ve read that a large percentage of 16-year-old American girls have had sex, and practically none of them belong to the FLDS sect. None of this though is an argument that it is acceptable to force teenage girls into marriage and a sexual relationship.

On another note, I’m curious about the outcome of the DNA testing that the court in Texas has ordered for all the children in their custody. One of the reasons given for the testing is that the children aren’t forthcoming with information about their identities and parentage. In other words they can’t depend on the children to tell the authorities who they really are. My question is this: Are the Texas authorities going to brand each of the children as they are tested. Are they going to tattoo a number on their wrist? Are they going to depend on photographs or that the children will give their correct names? If not, how then will they match a set of test results with a child when the analysis is complete? Do they expect that the children will suddenly become cooperative?

Related post: Government Overzealousness in Texas — Again