FLDS attorneys: Fiduciary's proposal violates sect's beliefs [LDS OPEN]

The Salt Lake Messenger ^ | 7/1/2009 | Brooke Adams

[Alex Murphy]

Attorneys for the FLDS say a settlement proposal filed by fiduciary Bruce R. Wisan requires sect members to violate their religious beliefs by accepting property they consider consecrated to God.

The sect asks 3rd District Judge Denise Lindberg to craft a settlement based on proposals made by the sect and Utah Attorney General Mark Shurtleff, which includes a "moment of choice" in which trust participants can decide to either accept title to homes or leave their properties under religious management.

Those proposals are based on a "fundamental premise that there are sincere and actual religious beliefs and practices that will be profoundly affected by any final distribution of Trust property," the filing states.

Under the law of consecration -- a core belief of the FLDS originally laid down by Mormon Church founder Joseph Smith -- members cannot make individual claims on property, it says.

The trust, the FLDS argue, was established to provide for common ownership of property by the faith, which in turn was to take care of the "just wants and needs" of members.

While the reformed trust is based on "neutral principles of law," the court cannot be blind to the effect its actions have on religious practices, the filing states.

"To force deeds to the property back onto the individual FLDS people would violate their religious choice, and to take permanent control of their property away from them because they refuse to violate their principles equally devastates their religious, and thus their Constitution, choice," the document states.

The sect also disagrees with Wisan's proposals for a cemetery and park; they want the church to oversee the amenities, as it has in the past, though non-FLDS would have access as long as they comply with sect standards of dress and behavior.

[Alex Murphy]

Under the law of consecration -- a core belief of the FLDS originally laid down by Mormon Church founder Joseph Smith -- members cannot make individual claims on property, it says. The trust, the FLDS argue, was established to provide for common ownership of property by the faith, which in turn was to take care of the "just wants and needs" of members....

...."To force deeds to the property back onto the individual FLDS people would violate their religious choice...."