Previously, the editors of the Beehive Standard Weekly expressed our opinion that the raid on the polygamy compound was clearly an infringement of civil rights upon the members of the FLDS church. The Texas Supreme Court agrees and now the unraveling of this ugly civil rights battle begins.
This is not to say that there won't be specific charges eventually brought against individuals who have engaged in improper marriages with underage persons, however, as a whole, the Texas Child Protective Services and its henchmen should be held accountable for their atrocities.
We cannot close our eyes to the substantial infringements and damage done by an overreaching and overzealous CPS agency. Their expressed intent was to "protect" children involved with the FLDS religion. The assertion CPS made was that this was not an attack upon the FLDS religion.
To an independent observer, this was exactly an attack on their religion. Most Americans do not agree with polygamy and think the FLDS is a backward, even oppressive religion and culture. Most do not agree with the way the children are raised in this religion.
That being said, however, the lifestyle is one based upon religious belief. It is no better or worse than the culture that has developed in the inner-cities among the Black Americans. Most do not agree with the culture, but it is not illegal to adopt the culture as a way of life or to participate in the sub-culture that to others appears completely self-destructive.
When CPS and its henchmen crashed the FLDS compound with tanks and machine guns, it was a lowly moment in religious freedom within the United States. Anyone with a brain could have fashioned a more measured approach.
The lies to justify this outrageous behavior started from the beginning. First, it was an affidavit from police officers about the children all being in danger to the brain-washing culture of the FLDS. Then it was the accusation that bedsheets were found "used" in the FLDS temple. Then it was the alleged discovery of dozens of pregnant underage girls.
For weeks, these false accusations were strewn about and published in papers throughout the United States. Most publications have never made corrections to their earlier gossiping stories. Most readers still believe that the FLDS was engaged in systemic abuse of children.
Those who have watched with a critical eye, however, know that, in the majority, the children ripped from their families were peculiar, but hardly abused.
Bit-by-bit we have seen the accusations made by law enforcement to support their Nazi-like detainment of a religious group and confinement of others lose credibility. First, we learned that these underage pregnant women were actually adults -- in one case a 27 year old woman.
One lawyer put it very nicely: "I'm glad CPS is finally acknowledging that my 27 year old client is an adult."
We often don't hear enough praise about the good that lawyers do. The unpaid lawyers working to correct the substantial wrong done to the members of the FLDS church are entitled to their day in the spotlight. Despite the slow development of the defense, it was a very good day for the lawyers of America.
These lawyers were able to show that the only child in "danger" was one 16 year old girl who was potentially the subject of sexual abuse. The number of children in "danger" went from over 400 persons to one isolated case. In any culture, you are going to find some abuse. The one case that was discovered is statistically within the margin of a normal population.
The first court to act to reverse the outrageous actions of the local judge and law enforcement was the appellate court in Texas. The court found that the evidence submitted was hardly the type of evidence required to remove children from the homes of their families and detain adults simply because they looked like children.
In an attempt to avoid monster liability, CPS immediately filed an appeal to the Texas Supreme Court. Most telling was the request of the Texas Supreme Court in asking CPS if they had any more evidence than that which was found on the record. In other words, the Texas Supreme Court was saying to CPS "You're kidding us right? You've got to have more evidence to justify your stupid behavior than what you have presented to us."
The Court gave CPS two more days to submit more proof. When they couldn't present any more supporting evidence, the Texas Supreme Court handed down the equivalent of a condemnation to CPS and a stern word or two for the judge who had allowed the action against the FLDS families. Though the high court allowed the local judge to set some parameters around travel and access to the children by CPS, it ordered the immediate return of the children to their families.
Without any real justification, the local judge delayed the return of the children -- as if to say I don't care that the higher court thinks that I am a dimwit, I still get to play with my gavel for at least another day or two.
We are certain that it must be humiliating for the judge to dive into such a mess full throttle, only to find out the mess that was created was unconstitutional and unjustified. Sadly, the judge, the local police and CPS created their own constitutional violations and in the process trampled upon the civil rights of a peculiar religion.
It makes you wonder about the David Koresh massacre years ago. Clearly, Koresh was a nut case, but was there an element of religious intolerance in the rifle barrels of the Texas authorities? Koresh fought back with violence, the FLDS fought back with lawyers and passive behavior. Who can forget the men crying and falling to their knees as their holy temple was violated by gun carrying invaders with badges.
Clearly, the passive approach was the better tactic, but the FLDS incident makes us pause as to how much spin was involved in the Koresh incident. Sadly, the only ones who could tell their side of the story in the Koresh massacre are all dead. The FLDS approach was a well reasoned and ultimately a brilliant, but painful strategy.
Instead of being ashes in the ruins of their temple, the FLDS now have the opportunity to collect millions from the taxpayers of Texas for the religious intolerance shown to them. The stories that could be told to a jury would break the hearts of even the coldest of jury members.
It is likely that the FLDS, as a group, will probably go away quietly, but they shouldn't. They should punish CPS to wear the badge of intolerance that they have so rightly earned. Every CPS member should have to wear a swastika for just a day to remind them of how easy it is to be part of a larger group that seems to be in the right in the sway and passion of the moment, only to be "found out" when the evidence comes rolling in. The size of the authoritarian group and the momentum of emotion based on prejudice should never trump the basic civil rights of a minority group -- certainly not in the United States where civil rights are fundamental to our society's framework.
Most alarming though was the lack of accountability. Where were the naysayers? Who was standing up to say "stop, this isn't right." It took lawyers from the "big cities," who were working for free, to come in and stop the madness. Hurray for the lawyers!
The greatest harm done here was the breach of trust. The government has the absolute authority to act absolutely without a check upon that authority and power. This is the very thing that the founding father's feared.
Every day there are people acting with governmental authority and power who have no check on that authority. They are taking children away from their families "in their best interest," and unfortunately, those who cannot afford legal representation have no means to fight off the government. Certainly, in the majority, agencies like CPS probably do more good than harm, but what about the times when they are blinded by prejudice and bigotry? Who is the check and balance upon CPS when no one is looking.
In the end, the FLDS matter is a lesson to be taken to heart. Absolute authority must have checks on power. The courts are often times persuaded by law enforcement to issue warrants on affidavits of assumption and not fact. The judge in this case could have, and should have, limited the authority of CPS. The balance of power means a check on abuse of authority. The courts exist to make sure that organizations like CPS do not run astray. The courts are intended to be the check on authority.
Too often the police agencies use the courts as a formality and process rather than a vetting process. Judges must not rubber stamp every subpoena that crosses their desk. Subpoenas set civil rights aside for the purposes of investigating criminal conduct. Judges must not forget that short of issuing a subpoena, the authorities would be trespassing on private property or "breaking and entering" or even converting (stealing) personal property that they take into evidence. The subpoena power is important because it waives these basic tenants, but the process cannot abused as it was in the FLDS matter.
In this instant matter, the judge was wrong to rely upon unfounded and unsupported affidavits. That is what the Texas Supreme Court determined. The scope of the subpoenas was too broad. The authority of CPS was unchecked and the taking of the children was unjustified based upon the flimsy evidence presented to the judge.
Thankfully, there were good lawyers and good judges who were willing to step in and set the matter straight. Now perhaps, just perhaps, little children in the FLDS church can go to bed in the arms of their parents without the fear that they will be taken from their homes -- at least for a little while longer until the next incident of intolerance rears its ugly head again.
But thankfully, we have lawyers in America who are willing to act without compensation to save the constitution. The acts of these unsung heros may go unnoticed, but will have positive implications for years to come.
