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Texas Supreme Court Slaps Down Big Brother

Texas Supreme Court Slaps Down Big Brother

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Who'd have thought you'd get a libertarian decision out of the TSC? But they upheld an appellate court ruling that the mass seizure of 460 children of members of the Fundamentalist Church of Jesus Christ of Latter-day Saints was not warranted by Texas law.

http://www.cnn.com/2008/CRIME/05/29/texas.polygamists/index.html


Even members of despised religious cults have rights in Texas. Who knew?

EDIT: The decision is here: http://i.cdn.turner.com/cnn/2008/images/05/29/080391.pdf

A five page decision from a group of judges on such a high profile case? I'm impressed.

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Originally posted by no1marauder
Who'd have thought you'd get a libertarian decision out of the TSC? But they upheld an appellate court ruling that the mass seizure of 460 children of members of the Fundamentalist Church of Jesus Christ of Latter-day Saints was not warranted by Texas law.

http://www.cnn.com/2008/CRIME/05/29/texas.polygamists/index.html


Even members ...[text shortened]... A five page decision from a group of judges on such a high profile case? I'm impressed.
You were surprised at the initial decision to remove all the children if I remember correctly. Seems you made the right call.

I think a good argument can be made for returning the males and pre-pubescent females, but I do wonder about the pubescent girls. Is there not enough evidence to show risk to their welfare by keeping them with their families?

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why surprised at the TSC?

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Originally posted by no1marauder
Who'd have thought you'd get a libertarian decision out of the TSC? But they upheld an appellate court ruling that the mass seizure of 460 children of members of the Fundamentalist Church of Jesus Christ of Latter-day Saints was not warranted by Texas law.

http://www.cnn.com/2008/CRIME/05/29/texas.polygamists/index.html


Even members ...[text shortened]... A five page decision from a group of judges on such a high profile case? I'm impressed.
That's probably the closest thing to an orgasm those poor women will ever know.

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Originally posted by telerion
You were surprised at the initial decision to remove all the children if I remember correctly. Seems you made the right call.

I think a good argument can be made for returning the males and pre-pubescent females, but I do wonder about the pubescent girls. Is there not enough evidence to show risk to their welfare by keeping them with their families?
In fact, 3 judges dissented from the decision as regards the pubescent girls (though joining in the rest of the decision). The 6 judge majority decided that no showing of "imminent danger" had been made (as required by Texas law for a removal) and that there are adequate safeguards in the law to monitor and protect these children short of the drastic action of removing them from their parents. It is possible that further hearings in specific cases could come to a conclusion that removal was warranted.

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I am happy for the ruling. The seizure was 'unwarranted by law.' They broke up these families illegally, so this needs to go a step further. Those responsible for the illegal seizures need to be held accountable. They need to made an example of. This was a travesty, and like you stated, even despised members of religious cults have rights (under our federal constitution), too. You folks that are apathetic about this, or mocking these folks, just don't understand. If these people's rights can be violated without any retribution, perhaps yours are next.

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Originally posted by dizzyfingers
I am happy for the ruling. The seizure was 'unwarranted by law.' They broke up these families illegally, so this needs to go a step further. Those responsible for the illegal seizures need to be held accountable. They need to made an example of. This was a travesty, and like you stated, even despised members of religious cults have rights (under our fed ...[text shortened]... d. If these people's rights can be violated without any retribution, perhaps yours are next.
its a basic human right to be a member of a crazy cult, as long as you pay your taxes ๐Ÿ˜€

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Originally posted by no1marauder
The 6 judge majority decided that no showing of "imminent danger"had been made
Is this the new euphemism for exposing yourself in public?

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Originally posted by eamon o
its a basic human right to be a member of a crazy cult, as long as you pay your taxes ๐Ÿ˜€
what do taxes have to do with this? I think maybe you meant texas ๐Ÿ˜€

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Originally posted by eamon o
its a basic human right to be a member of a crazy cult, as long as you pay your taxes ๐Ÿ˜€
Just as long as such a cult doesn't infringe the rights of children, or adults who are not consenting to participation.

In the case of extreme harms, I'd say even adults can't consent to them.... like mass suicide, for example (though in the case of Jonestown, I'd say the cyanide drinking wasn't voluntary in any case).

As far as unconventional religious practices or sexual activities or relationship structures go, then as long as it's consenting adults I don't think the government has a place intervening. If minors are being "married" to adults, that's an issue though.

On the balance of things, I'd need more information to appraise the ruling but I'm leaning towards agreeing with it. It really depends on the degree to which there was an increased risk of material harms or rights infringements against children, compared to the general population. Child abuse happens in the general population as well, so it would need to be quite systemic before it was justified to remove the children.

Bear in mind that the police haven't raided the Catholic church, or conservative Jewish communities where child sexual abuse is more likely to be covered up and go unreported.

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Originally posted by karnachz
Just as long as such a cult doesn't infringe the rights of children, or adults who are not consenting to participation.

In the case of extreme harms, I'd say even adults can't consent to them.... like mass suicide, for example (though in the case of Jonestown, I'd say the cyanide drinking wasn't voluntary in any case).

As far as unconventional relig ...[text shortened]... unities where child sexual abuse is more likely to be covered up and go unreported.
My life is not yours to save against my will.

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Originally posted by AThousandYoung
My life is not yours to save against my will.
No, but if you start abusing children, you should be put away.

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Originally posted by no1marauder
Who'd have thought you'd get a libertarian decision out of the TSC? But they upheld an appellate court ruling that the mass seizure of 460 children of members of the Fundamentalist Church of Jesus Christ of Latter-day Saints was not warranted by Texas law.

http://www.cnn.com/2008/CRIME/05/29/texas.polygamists/index.html


Even members ...[text shortened]... A five page decision from a group of judges on such a high profile case? I'm impressed.
Actually, Texas has a long tradition self-reliance and of demanding that the federal government leave us alone. They don't call us the Lone Star State for nothing.

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Originally posted by Bosse de Nage
No, but if you start abusing children, you should be put away.
In this case, they (State Attorney General and Child Protective Services, i.e., the government) had a flimsy case at best.

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Originally posted by AThousandYoung
My life is not yours to save against my will.
I agree if you're a legal adult, otherwise your life is not yours yet. At least that's what the law currently states.