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Wednesday, May 28, 2008
Jacob Sullum :: Townhall.com Columnist
No Child Left Behind
by Jacob Sullum
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The week before a state appeals court condemned the wholesale removal of children from the Yearning for Zion Ranch in Eldorado, a spokesman for Texas Child Protective Services (CPS) insisted the case "is not about religion." If you believe that, you may also believe that a community of hundreds is a single household, or that a 27-year-old is younger than 18, to cite just a couple of the whoppers CPS has told in the last two months.

To justify seizing more than 450 children from the ranch, which is owned by the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS), CPS argued that the church's teachings are inherently abusive. CPS did not bother to present evidence that particular children were in immediate physical danger, as required by state law, because it thought membership in the polygamous sect was enough to make parents unfit.

CPS asserted that a "pervasive belief system" at the ranch, which it raided on April 3 in response to what seems to have been a fictitious abuse report, encouraged underage marriage. "They're living under an umbrella of belief that having children at a young age is a blessing," the lead investigator testified. "Therefore any child in that environment would not be safe."

But as the appeals court noted, "The existence of the FLDS belief system as described by the [state's] witnesses, by itself, does not put children of FLDS parents in physical danger. It is the imposition of certain alleged tenets of that system on specific individuals that may put them in physical danger."

CPS claimed 31 underage girls at the ranch were pregnant or mothers. It recently conceded that at least 15 of them are in fact adults, ranging in age from 18 to 27, while a 14-year-old on the list is not pregnant and has no children. AP reports, "more mothers listed as underage are likely to be reclassified as adults."

In any case, as the appeals court noted, "teenage pregnancy, by itself, is not a reason to remove children from their home and parents." In Texas, the minimum age for marriage with parental consent is 16 (raised from 14 in 2005 with the FLDS in mind), and "there was no evidence regarding the marital status of these girls when they became pregnant or the circumstances under which they became pregnant."

By the state's current count, underage mothers represent no more than 3 percent of the children it seized. Even if the other girls who had reached puberty were likely to be married off soon (a matter of dispute), there was no evidence that the boys or the prepubescent girls were in danger of abuse.

CPS glossed over the lack of evidence by treating the entire 1,700-acre ranch as a single household. If there had been even one instance of abuse in the community, it argued, no child should be left there. This assumption of collective guilt was not only contrary to law; it was contradicted by the state's own witnesses, who conceded that FLDS members, only some of whom practice polygamy, disagree about the appropriate age for marriage.

The first parents to be reunited with their children after the appeals court's ruling, which CPS has asked the Texas Supreme Court to reverse, were Joseph and Lori Jessop, both EMTs in their 20s. The monogamous couple's children -- two boys and a girl, ages 1, 2, and 4 -- became ill during their state-imposed separation and had to be hospitalized.

When they were released, CPS caseworkers forcibly pulled the two older children from their mother. Until a judge intervened, CPS threatened to take the youngest child as well, saying nursing babies older than 12 months were not allowed to remain with their mothers.

Not surprisingly, the Jessops' older children are anxious these days, waking up repeatedly during the night and displaying regressive behavior. There was never any evidence that their parents abused them, but there's plenty that the state did.

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About The Author
Jacob Sullum is a senior editor at Reason magazine and a contributing columnist on Townhall.com.
 
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©Creators Syndicate
Yearing or Zion Ranch
All the talk to justify the taking of children from their parents could be assumed correct, and still this is one of the greatest miscarriage of justice I've ever heard. The loss of a child is a pain beyond what a person experiences in an electric chair or hanging. A person obsessed with drugs or other behaviors have shown they don't care, but these and most parents suffer agony greater than most crimes deserve. Be careful: You will be judged by the same measure you use in your judgement


Quote from the California Supreme Court
We emphasize that our conclusion that the constitutional right to marry properly must be interpreted to apply to gay individuals and gay couples does not mean that this constitutional right similarly must be understood to extend to polygamous or incestuous relationships. Past judicial decisions explain why our nation’s culture has considered the latter types of relationships inimical to the mutually supportive and healthy family relationships promoted by the constitutional right to marry…. Although the historic disparagement of and discrimination against gay individuals and gay couples clearly is no longer constitutionally permissible, the state continues to have a strong and adequate justification for refusing to officially sanction polygamous or incestuous relationships because of their potentially detrimental effect on a sound family environment…. Thus our conclusion that it is improper to interpret the state constitutional right to marry as inapplicable to gay individuals or couples does not affect the constitutional validity of the existing legal prohibitions against polygamy and the marriage of close relatives.
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