The Texas Supreme Court ruled that the State (whatever incarnation-police or children services) had no right to seize all of those children from the polygamist ranch. This evening a lower court judge refused to sign an agreement reached between attorneys for the illegally seized children and parents and the State because she wanted to add conditions. The State essentially kidnapped these children regardless of the religious beliefs of the parents. The Texas Supreme Court ruled that the STATE had no right to take these children.
As mentioned in an earlier blog, if the State had probable cause to believe that a crime had been committed committed or the children were in immediate danger, then the State acted properly. But the Texas Supreme Court RULED that the children who were the subject of the appeal heard by that court were taken or seized illegally. Children are not property (although many modern parents treat them as such) the Texas lower court should return these children.
The Judicial System in every state and in the Federal government set standards and guidelines that MUST be followed. We all live in a society which is governed by agreement-we agree to be governed and most of our population accept and uphold that agreement. In this instance the government OVERSTEPPED that agreement. The government violated that agreement because the individuals-parents of the children-believe in some extremist form of Mormonism.
This entry is not an endorsement of this polygamist sect. The rights that belong to these extremists are also the rights of ALL AMERICAN citizens. If we continue to encourage this errant judge and these State officials based on suspicions (not proof) that bad things happen to children in this sect, then we encourage the State and government officials everywhere to seize first and ask questions later when someone deviates from what GOVERNMENT considers a norm of society. Consider YOUR RIGHTS, YOUR HOME, YOUR PROPERTY. Should the government be permitted to enter your home and remove your children because you worship trees and refuse to eat red meat? NO. The Texas Supreme Court ruled that the State illegally removed these children without EVIDENCE of an immediate threat of harm to the children. Why are the children STILL in state custody?