Why You Should Be Concerned About The Events In Texas
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.
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.
Best post ever! You nailed it!
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Outstanding analysis, as usual! You've articulated many of my thoughts on this ridiculous situation. I'm completely blown away by the actions of the State of Texas in this matter and your analysis of violations of the Bill of Rights is dead on.
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Wow - I just emailed this post to a bunch of people. Very good. I love it when somebody totally changes the way I thinking.
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Great post, Rand.
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Dear Rand:
Kudos for putting into writing what has been troubling me for several weeks now.
I'm not a lawyer, but it would seem to me that a reasonable court (judge and/or jury) would examine the matters of fact in this pending case and throw the whole dang thing out due to a pesky little known/used legal concept called "illegal search and seizure." And that once the evidence was deemed inadmissible, then the entire raid on the FLDS compound in Eldorado, Texas would be suspect (it would also seem to this layperson), and that each of the governmental entities in Texas tied to this fundamentally flawed legal exercise would be likely subjects to what is sure to become in combination multi-billion-dollar civil lawsuits because the FLDS church and its individual members saw many of their civil liberties and rights trampled under the storm trooper boots of Texas justice.
For the record, as the father of five children and uncle to dozens of nieces & nephews and cousin to dozens of second young cousins and the like, I do NOT condone in any way, shape or form child abuse in any manner. In fact, I'm quite convinced that Jesus Christ got it right when He said (paraphrasing) "It would be better for them (any who harm little children) if a millstone were hung around their neck and they were drowned in the depths of the sea."
Personal religious differences aside between my own beliefs and those of any other faith, FLDS included, this country was STILL established (in part) upon the fundamental (no pun intended) right of religious freedom.
Clearly the Texas prosecutors and law enforcement officials understood that they could not pursue legal action against the practicing polygamous members of the FLDS religion without risking losing in trial the argument that the current prohibition against polygamy is actually legal. (I understand there is a fair amount of debate on this subject, but I suspect that the growing rights of & protection afforded common law and homosexual couples would eventually create an insurmountable wall affording similar rights and protections to practicing polygamists.) In this regard, I'm convinced that Utah's Attorney General Mark Shurtleff was correct in not pursuing legal charges against practicing polygamists as I'm convinced the State of Utah would eventually lose such a case.
Nevertheless, I also believe that the Texas authorities glommed upon the unverified and apparently false claims made by the non-existent and supposedly sexually abused "Sarah" as a pretense to swoop in like avenging angels to protect the rights of the children and women in the FLDS compound. Unfortunately, I fear that in so doing they have trampled under feet the rights of life, liberty and the pursuit of happiness, no matter how different or repugnant the Texas authorities may have found the FLDS practices.
Keep up the good work, Rand.
David Politis
c/o Politis Communications
www.Politis.com: Web
www.TheBettyFactor.com: blog
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I agree whole heartedly. I think the failure of states to get tough with child abusers is an embarrassment. Arizona gave Dale Barlow probation for sexual conduct with a 13 year old. On the flip side, I think that enforcing polygamy convictions would be pretty difficult in light of the recent Supreme Court case which struck down anti-sodomy laws. (Prosecuting polygamy is also a little hypocritical if you are not going to prosecute adultery. If anything, polygamy is simply serial adultery, since legally you cannot be married to two women at the same time.)
I personally do not care if grown adults chose to enter into a polygamous lifestyle of their own free will. I am, however, adamantly opposed to child abuser's getting away with harming children. The manner in which Texas has handled the raid may make it more likely for the men who are abusing these children to get off. If a court finds that the evidence was obtained illegally, it all goes out the window - the old "fruit of the poisonous tree" theory. If all of that evidence gets thrown out, the abusers will likely skip the country or go underground - aka Warren Jeffs - and the abuse will continue in other places.
Here is a radical idea. Get a declaration from a couple of those who have left the FLDS group who can testify from first hand knowledge as to 14-15 year old girls being impregnated by some of the older men. This is known as probable cause.
Then serve a warrant to get DNA evidence etc., and arrest the men involved. Pretty soon you would be able to take down most of the men who are engaged in this type of conduct - as well as the women who aid and abet them. Then prosecute and give real sentences. Collecting the evidence legally would increase the likelihood of a conviction that will stick and will reassure the rest of us that our governmental leaders still believe in the Constitution.
If we allow the government to justify searches and seizures after the fact, the guarantee against such searches and seizures really becomes meaningless. Likewise, if we allow judges to suspend our right to petition the government for redress of grievances because they bit off more than they could chew, the First Amendment becomes little more than an ideal - rather than the protection it was designed to be.
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Rand,
Interesting to see your points and what happened today with the courts ruling against Texas.
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The CPS took the FLDS children. Here is where you can tell the CPS what you think of them.
https://www.dfps.state.tx.us/Contact_Us/Default.asp
Evidently Judge Barbara Walthers is the only judge in that county. Evidently it's a real backwater. She has no email address but they list her telephone number as 3235-853-2766
It looks like too many numbers to me - but you can see it at
http://www.co.schleicher.tx.us/ips/cms/districtcourt/
This county needs to be destroyed and bankrupted by civil rights lawsuits by FLDS. Hopefully we can wipe this fascist county right off the face of the planet.
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