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Dead Constitution See other Dead Constitution Articles Title: Polygamists Gain Custody of Children Polygamists Gain Custody of Children Texas Prepares Texas authorities prepared to return hundreds of children seized from a polygamist ranch after the state Supreme Court ruled that child-welfare authorities were wrong to have separated the children from their parents. The Texas Supreme Court let stand an appellate ruling that the state acted illegally in taking custody last month of 468 children from the Yearning for Zion ranch in Eldorado. "Removal of the children was not warranted," the justices wrote. Texas Child Protective Services spokesman Patrick Crimmins said the agency would "prepare for the prompt and orderly reunification of these children with their families." Child-welfare officials had asked the Supreme Court for an emergency order allowing them to retain custody of the children, now scattered in foster care across the state. Authorities said they feared that the polygamist families, once reunited, would flee out of state and resume practices that officials consider abusive, such as yoking young girls to older men in marriage. The Supreme Court acknowledged those concerns. But the majority of justices ruled that the state could take other measures, short of separating families, to protect the children from sexual abuse. For instance, the district judge handling the case could order the families reunited on condition that they promise to remain in Texas. Or she could insist that men identified as possible perpetrators of abuse move out of the home. The judge could also grant the state custody of the children deemed most at risk, specifically pregnant girls or teenagers who have hit puberty and are considered ready for marriage in the culture of the Fundamentalist Church of Jesus Christ of Latter-day Saints. "Basically, it's back to square one," said Jack Sampson, a family law professor at the University of Texas. He said he expected that all young children and boys would be returned to their families within days, but some older girls might remain in state custody pending individual review of their circumstances and the risk that they will be abused. "The return of all the children is certainly not mandated," he said. Guy Choate, an attorney coordinating the children's legal representation, said he expected the state's investigation to continue. "It does not appear that the case is anywhere near closed," Mr. Choate said. Texas officials said they were still evaluating their options. "We also will work with the district court to ensure the safety of the children and that all of our actions conform with the decision of the Texas Supreme Court," said Mr. Crimmins of the child-welfare authority. The families of the Eldorado Ranch expressed confidence that they had scored a decisive victory. "We call upon the state of Texas to end this nightmare and allow these families to come together on the ranch and live their lives," said Rod Parker, a Salt Lake City attorney who is serving as a spokesman for the families. Critics of the state -- including conservative Christians, family advocates and the American Civil Liberties Union -- viewed the ruling as a clear win that would resonate nationally. "Other states will take notice: 'Gee whiz, the Constitution protects parental rights and religious freedom,'" said Hiram Sasser, director of litigation for the conservative Liberty Legal Institute, which focuses on religious-liberty cases in Texas. States have an absolute right to protect children from abuse, even abuse perpetrated under the guise of religious practice, but they must have strong evidence that such abuse is continuing or imminent, Mr. Sasser said. In this case, he said, Texas had no such evidence for the majority of the children. The court's ruling, he said, underscored the point that without strong evidence, the state "can't interfere, no matter how much they may disagree with the way the children are being raised." Write to Stephanie Simon at stephanie.simon@wsj.com and Ann Zimmerman at ann.zimmerman@wsj.com
Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 4.
#1. To: a vast rightwing conspirator (#0)
Shocking the state agreed to return the children, even with all the disclaimers.
I hope the trillion-dollar suits follow.
#6. To: a vast rightwing conspirator (#4)
Trillion dollar lawsuits clogged up in courts for eons? The economy, as we knew it, isn't going to last that long. r3VOLution's in the air. Smell it?
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