The Third Court of Appeals’ decision yesterday ruling that the State of Texas had illegally seized over 450 children from their homes at a polygamist West Texas ranch threw a large monkey wrench into the largest custody case in (at least) recent American history (the court’s decision is here). However, the decision is almost certainly the correct one. As Scott Henson has diligently reported over the past two months, the state’s case for taking such pervasive action was shaky, at best, and has clearly deprived many parents and children of their due process rights.
The appellate court concluded the state had offered no evidence that all of the children were in danger other than an investigator’s vague opinion that the church’s "belief system" encouraged teenage pregnancies. State investigators have identified 20 females at the ranch who had become pregnant before age 18, but most of them are now adults. "Even if one views the FLDS belief system as creating a danger of sexual abuse, there is no evidence that this danger is ‘immediate’ or ‘urgent’ . . . with respect to every child in the community, " the court observed.
As Henson has noted, Texas authorities’ handling of the case has been dubious from the get-go. The state raided the compound last month after a sobbing woman called a family-violence hotline and identified herself as a 16-year-old girl who had been forced into marriage at the compound. Authorities never found the girl and now believe the call may have been a hoax. Then, at a mass custody hearing in mid-April that can only be described as a gross miscarriage of justice, one of the state’s chief witnesses testified that he did not really know whether the young girls and boys removed from the ranch truly had been in danger. Given that context, the appellate court’s decision is not surprising.
Notwithstanding the foregoing, it is difficult not to feel a profound sense of sadness over the many women and children who are subjected to a stifling existence at the Eldorado compound by a relatively small number of sexual tyrants who hold sway over them. Anthropologist Lionel Tiger addressed the genesis of the cruelty recently in this Wall $treet Journal op-ed:
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