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Did Texas go too far in polygamy case?
AMERICAN-STATESMAN ^ | 04 27 08 | Chuck Lindell, Corrie MacLaggan

Posted on 04/26/2008 9:19:01 PM PDT by Howdy there

Sunday, April 27, 2008

After a long night interviewing children inside a polygamist ranch near Eldorado, Child Protective Services caseworkers made a crucial decision as the police-backed raid entered its second day.

They took 18 girls, from 6 months to 17 years old, into emergency custody on April 4, a Friday, because they felt their living conditions were unsafe — initiating a sequence of events that led to the removal of all 462 children from the Yearning for Zion Ranch and headlines around the globe.

Did Texas go too far? That question will probably be debated for decades, and not only because of its implications for religious freedom and the limits of government power.

Families were ripped apart. Children, including some who had to be pried from a parent's leg, were scattered into foster care across Texas — though state District Judge Barbara Walther relented last week and allowed children younger than 1 year to remain with their mothers in shelters.

The law allows Texas to take emergency custody when a child's health or safety is in immediate danger — but to balance that power, CPS must seek approval from a district judge by the next business day. In the Eldorado case, that was Monday, April 7.

That day, CPS investigators reported to Walther that they had found several pregnant and apparently underage girls at the isolated West Texas ranch where girls are groomed to become "wives" to older men. The underage marriages were condoned by the girls' parents, CPS officials said.In Texas, sex with someone younger than 17, when the partner is more than three years older than the victim, is considered sexual abuse.

Walther not only approved the emergency removal of the 18 girls, she also agreed that CPS needed to take custody of every child at the Eldorado ranch, which is run by the Fundamentalist Church of Jesus Christ of Latter Day Saints, a Mormon splinter group also known as the FLDS.

Robert Doggett of Texas RioGrande Legal Aid, which represents about four dozen of the mothers in the sect, questioned the wisdom of separating all the young children from their parents.

A 6-month-old boy, he said, is not in immediate danger of indoctrination into what CPS has characterized as a widespread practice of forcing underage girls to have sex with older men in "celestial," or spiritual, marriages.

For such children, "how in the world could the judge have found imminent risk of physical harm?" Doggett asked. "Courts are supposed to be a check on the government. That system has totally broken down."

SNIP


TOPICS:
KEYWORDS: ageofconsent; canonlaw
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To: Howdy there
She testified at the original hearing and despite the fact that she was not married or living in polygamy, her child was not returned.

Was it legally admissible evidence presented in a court of law during a trial?

401 posted on 04/27/2008 1:46:24 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom

Thank you for informing me that I am hysterical.

And yes I am part of some conspiracy to utilize facts and reasoning so as to promote the lifestyle of some group of wackos located in a State I have never been to.

I am a lawyer by trade and am ideologically a libertarian by nature. Perhaps then my concerns arise not out of hysteria or out of some clandestine plot to promote rape, bigamy, inbreeding, and abuse but out of concerns for due process and freedom.

Naaahhhh, I couldn’t be on the up and up because then it might mean someone has a legitimate point of disagreement with you.


402 posted on 04/27/2008 1:46:49 PM PDT by Aragon (SHOW ME THE EVIDENCE)
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To: metmom

All I know is that the testimony was given duing the original hearing before judge W.


403 posted on 04/27/2008 1:47:22 PM PDT by Howdy there (It's the rule of law people.)
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To: metmom

Did she have proof of the identity of “her” child?

Did she originally lie about her name and that of “her” child?


404 posted on 04/27/2008 1:49:45 PM PDT by Politicalmom (The children were taken because they were either being raised to be raped, or raised to be a rapist.)
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To: metmom

http://ap.google.com/article/ALeqM5iIdMpRHjN4hpNKBhfYyAsR4DDo4QD9099B5O0
Here is the article. (snip)

Church members said that not all of them practice polygamy, and some form traditional nuclear families. One sect member whose teenage son is now in foster care testified that she is a divorced single mother.

One FLDS member who did testify said she and her husband and their three children form a traditional family and live in a separate house from other sect members. An FLDS expert who testified at the hearing and a former member of the sect say only about half the marriages in the sect are polygamous.


405 posted on 04/27/2008 1:49:56 PM PDT by Howdy there (It's the rule of law people.)
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To: metmom

And of course, THIS woman is completely credible, but all the government workers lied on the stand about EVERYTHING.


406 posted on 04/27/2008 1:50:51 PM PDT by Politicalmom (The children were taken because they were either being raised to be raped, or raised to be a rapist.)
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To: 2harddrive

How about a link to support your post okay.


407 posted on 04/27/2008 1:51:20 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Howdy there; Politicalmom; the808bass; greyfoxx39; SkyPilot; NYpeanut; najida; brytlea; ...
Compared to those of us who were here in 1998, YOU are the newbie.

"those of US"???????

You've been here since 1998?

Why is your sign up date this? Since Mar 30, 2007

What was your previous screen name?

408 posted on 04/27/2008 1:51:28 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Howdy there
All I know is that the testimony was given duing the original hearing before judge W.


Apparently the judge did heard the testimony but didn't think it carried enough weight to change the temp custody undertaken by the CPS... They don't practice but live amongst the polygamy practitioners with their children. Are their female children subject to the rules of being married as a spiritual wife?

409 posted on 04/27/2008 1:57:59 PM PDT by deport ( -- Cue Spooky Music --)
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To: Howdy there

This is becoming a bore. Who were you?


410 posted on 04/27/2008 1:58:40 PM PDT by Admin Moderator
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To: Howdy there

What was your screen name? Leaving and coming back doesn’t count. Sorry. You are a 2007 :’)


411 posted on 04/27/2008 2:02:01 PM PDT by CindyDawg
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To: Admin Moderator; Howdy there

Howdy,

March 30th of 2007. What was the hot topic then? You probably got squelched or banned when discussing some hot topic.

It happened to me during the ann coulter perfected jew debate. I got myself squelched while under the handle of structured chaos. I hope this is not cause for admin to ban me. I mean if you post long enough eventually you run afoul of an admin that takes particular exception to what you’ve said.

Well I hope you all hear from me again.

admin?


412 posted on 04/27/2008 2:02:54 PM PDT by Aragon (SHOW ME THE EVIDENCE)
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To: CindyDawg

does count!!


413 posted on 04/27/2008 2:05:00 PM PDT by Aragon (SHOW ME THE EVIDENCE)
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To: metmom
I wouldn't be proud of it when it comes to defending a pedophile, incestuous rape sex slave cult.


414 posted on 04/27/2008 2:09:23 PM PDT by humblegunner
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To: Aragon

Does not.


415 posted on 04/27/2008 2:10:03 PM PDT by CindyDawg
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To: metmom

This is weird!

What happened to Howdy there?

You asked him and the admin asked him what his previous handle was. Since then utter and complete silence has fallen upon the boards.

Howdy there has said nothing. Not a peep.

This is strange. In fact no one but me is posting. Have I been squelched? Please let me know you can see this.

thx,

paranoid


416 posted on 04/27/2008 2:11:54 PM PDT by Aragon (SHOW ME THE EVIDENCE)
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To: humblegunner

Where did Aragon go?


417 posted on 04/27/2008 2:16:24 PM PDT by CindyDawg
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To: 2harddrive
Might not a defense here be that these were Common-Law marriages, with parental consent?

Good question! My question: what if the "bridegroom" were already married to someone else?

418 posted on 04/27/2008 2:18:41 PM PDT by Kenny Bunk (GOP Plank: Pump MORE US Crude--2Xrefining capacity -- Coal /METHANOL fuel-- Build Nukes)
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To: CindyDawg

I’m here, arggggg,

This is like some twilight zone, except it’s not fun.

If you can hear me let me know.


419 posted on 04/27/2008 2:19:05 PM PDT by Aragon (SHOW ME THE EVIDENCE)
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To: CindyDawg; DugwayDuke
Where did Aragon go?

To grab him another girly-girl because the first five are getting old?


420 posted on 04/27/2008 2:20:50 PM PDT by humblegunner
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