Most Utahans are attempting to stay as far away from the events in Eldorado, Texas as possible. Members of the LDS church are concerned about being confused with their fundamentalist offshoots that still practice polygamy, were dresses that look like they are from the 1800s and live more in a compound than in a subdivision. The events in Texas, however, should cause anyone who actually believes in the Constitution serious concern.
The fact that some members of the FLDS church practice a pretty sick form of polygamy is well known. For years 50 year old men have been marrying 13 and 14 year old girls. Unfortunately, Utah and Arizona have done an embarrassingly poor job of prosecuting these pedophiles. The man who was allegedly at the center of the abuse is serving probation for marrying an underage girl in Arizona. (Marrying may be a generous word since many of these girls have little choice in the matter. Being traded may be a more appropriate term. "Here, brother, you can have my 13 year old daughter and I get your 11 year old in a couple of years.") This conduct is despicable and should be vigorously prosecuted. No probation - just lots of jail time. I personally think the prosecutions should extend to the mothers as well. What kind of woman would allow a 50 year old pervert to have her 13 year old daughter and allow her sons to be kicked out of the community to keep a high female:male ratio.
All of that said, there is still this pesky thing we call a Constitution, which Presidents and judges are sworn to uphold. The events in Texas show that the Constitution and the accompanying amendments are very fragile. Police in Texas raided the FLDS compound based on an unverified telephone call from a supposed 16 year old girl who was being abused by her husband. The only problem, the alleged abuser was in Arizona - serving probation for being a pervert - and it appears that the caller was in Colorado and is not a member of the group.
That, however, has not stopped the Judge in Texas from taking more than 400 children away from their parents - likely a very traumatic event for children who have always been kept close to home. They have warehoused them in a gym and three weeks later they have yet to provide reasonable foster care for them. Of course, all of that overlooks that the State of Texas has made no showing that the children they took into custody are being abused. (I recently heard an analysis that the teen pregnancy rate at the FLDS compound is 1/2 the teen pregnancy rate in Texas generally.) Of course, if under age marriage is the issue, why did they take all of the boys and all of the girls below, say, 10?
The Fourth Amendment to the Constitution states:
"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Apparently the Judge in Texas hearing the matter skipped that part of law school. The State of Texas conducted a raid based on bogus information. As soon as it was learned that the search was based on a false police report, the children should have been released. To date, the State of Texas has not put forward meaning full evidence that the children are being abused. Rather, they are relying on "experts" who claim that the teachings of the FLDS church amount to emotional abuse. Once you start down that road, you better look out. There are "experts" that believe that any type of parenting amounts to abuse. Did you abuse your children by giving them a curfew - by telling your daughter that she cannot sleep over at her boyfriends house - by forcing your children to do chores - or by being a global warming denier?
Ironically the Judge in Texas also skipped the day they taught the First Amendment to the Constitution as well. The First Amendment, in addition to protecting free speech and religion, also protects your right "to petition the government for a redress of grievances." The Judge in Texas has instructed attorneys for the FLDS and for the children not to file any more motions. In other words, she is saying "Gee, I have made a huge mess by violating your Fourth Amendment rights, so now I will violate your First Amendment rights because I can't deal with the mess I made."
So why should you care? Because the same Constitution that the Judge in Texas is violating is all that guarantees you your rights. LDS people and many other religious minorities need only look to their histories to realize what can happen when the Constitution is ignored. While you may think you are now well accepted in society - this should provide little comfort. Jews were well accepted in Germany and Italy in the 1920s.
Pastor Martin Neimoeller is credited with the following:
They came first for the Communists,
and I didn't speak up because I wasn't a Communist.
Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.
Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
Then they came for the Catholics,
and I didn't speak up because I was a Protestant.
Then they came for me,
and by that time no one was left to speak up.
And I didn't speak up because I am a ___________.
To the State of Texas - please vigorously prosecute those who abuse children, but do so without eviscerating the Constitution. Its a old piece of paper I am kind of found of.