Category Archives: Religion

Bungling Texas Judge Still on the Job

May 30, 2008 – 9:32 am

The Texas Supreme Court has affirmed the appellate court’s ruling that District Judge Barbara Walther was wrong to allow the FLDS children to be taken into state custody and placed in foster-care. It said, child welfare officials overstepped their authority, failed to show an immediate danger to the children, and removal of the children was not warranted. In other words Walther screwed up royally. Yet she is still in charge of resolving the case.

Why is a judge who made such an egregious mistake, one that has traumatized over a thousand people, still on the job? Because they are insulated from their mistakes. They aren’t penalized for incompetence. In some states it is theoretically possible for the citizens to vote a judge off the bench, but it rarely happens.

The child welfare officials in Texas are now talking about imposing restrictions on the sect when their children are returned. One possibility is requiring all the male adults to leave the ranch. Another is implementing safeguards to prevent the families from fleeing the state. All this even though there is still no clear evidence of illegal behavior. But they probably feel that Walther will back them up.

Why should I expect reason from crusaders? That is exactly what this is, a crusade. One set of bible-thumpers trying to impose its will on a different set of bible-thumpers. The set with the most power will eventually prevail. Reason is not likely to be a strong factor in determining the outcome.

By Carson | Also posted in Nanny State | Comments (3) |

House of Cards Comes Crashing Down

May 23, 2008 – 8:52 am

Well, it appears there are some level heads in Texas. But what took them so long? The AP reports:

An appellate court decision upended the custody case that sent more than 440 children from a polygamist sect’s ranch into foster care, but it’s not clear whether the children might soon return home.

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

Texas District Judge Barbara Walther now has 10 days to release the youngsters from custody, but the state could appeal to the Texas Supreme Court and keep the children from immediately going back to their parents.

The decision Thursday in one of the biggest child-custody cases in U.S. history was a humiliating defeat for the state Child Protective Services agency. It was hailed as vindication by members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, who claim they are being persecuted for their religious beliefs.

…

“Even if one views the FLDS belief system as creating a danger of sexual abuse by grooming boys to be perpetrators of sexual abuse and raising girls to be victims of sexual abuse … there is no evidence that this danger is ‘immediate’ or ‘urgent,’” the court said.

“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 said.

The court said the state failed to show that any more than five of the teenage girls were being sexually abused, and offered no evidence of sexual or physical abuse against the other children. Half the youngsters taken from the ranch were 5 or younger. Only a few dozen are teenage girls.

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

Were these justices reading from my blog? No, it’s just that, like me, they weren’t among those hyperventilating over the strange behavior of the sect’s members.

Now the Texas authorities should decide not to appeal the decision, get those children back to their parents and get on with investigations of individual instances of abuse — if they can find any. Here’s a guideline: motherhood at the age of 27 is not evidence of abuse.

By Carson | Also posted in Child Abuse, Nanny State | Comments (0) |

Follow-up on "Guilt by Association"

May 22, 2008 – 9:55 am

Based on a comment on a previous post by a regular and respected reader I decided that I need to clarify my position on the whole Texas FLDS thing.

I believe that Mormonism as practiced by the FLDS is all about male domination, power and sex, just like I believe that Islam as practiced by its radical elements is all about male domination, power and sex. I believe that clear instances of abuse should be punished, but when we ditch the constitution in order to right what some in government feel is wrong we are stepping out on a very dangerous slippery slope. I fear the unbound power of government more than I fear fringe religious elements.

If there is one family caught in the wide net cast by the Texas officials that can show they were in no way involved in illegal practices and that there was no probable cause for search and seizure, I hope they sue to the full extent of the law. If there are a hundred such families I hope they all sue.

What Texas should have done when they received the telephone complaint from the young woman was to get a warrant from a judge and go out to the compound and conduct an investigation. If the sect leaders refused to cooperate the authorities should have taken the steps provided by law to force them to cooperate or go to jail. If this process produced clear evidence of abuse, those instances of abuse should have been prosecuted. All other parents and children should have been left to continue their lives as they see fit, as long as it is within the law.

Some have said that if one child was saved from abuse the actions of the Texas officials are justified. This is an absurd argument. Absolutes in a complex social system are unattainable. The FLDS children are being placed in foster-care. Texas cannot guarantee that none of them will be abused. We sacrifice children in accidents because we won’t give up our freedom to travel. We may have to sacrifice children to retain our constitutional rights.

The reader says to ask those who have escaped or been cast out of the FLDS. That is a very good suggestion. Why has their testimony not been used to investigate and prosecute the offenders in the sect? Perhaps it has in some cases. I seem to remember that this might have been a factor in the Warren Jeffs case. But why have we not heard of a lot more of these cases. Could it be that no clear evidence of abuse is found in many of the cases?  Or that the escapees or cast-offs won’t cooperate?

This affair smells to me like a bunch of self-righteous do-gooders getting a bit overwrought over some beliefs and practices that are not like theirs. Neither do I have any clear evidence of that, but I’m not going to go out with armored vehicles and force them into my custody.

I believe that any religion that seeks to force its will on people is despicable. I also believe that a government that unlawfully seeks to force its will on people is despicable and more dangerous (at this time).

Having said all this, I’m willing to admit that I’m wrong about this particular case if Texas proves, beyond a reasonable doubt, that all the affected parents are guilty of placing their children in imminent danger of physical abuse.

By Carson | Also posted in Child Abuse, Freedom, Nanny State | Comments (2) |