ACLU On the FLDS and Child Custody

The ACLU of Texas has been in San Angelo Texas observing the child custody proceedings with regard to the FLDS. While underscoring their opposition to child abuse, their statement raised cautions concerning parental rights and due process.

WASHINGTON (Catholic Online) - Just before Judge Barbara Walthers issued her ruling last Friday concerning the children taken into custody from the now-famous YFZ Ranch, the Executive Director of the ACLU of Texas issued a statement of concern regarding the state's handling of the situation.

The ACLU statement raised concerns about the competing the rights of children and their parents. Terri Burke, the executive director, stated, "While we acknowledge that Judge Walthers' task may be unprecedented in Texas judicial history, we question whether the current proceedings adequately protect the fundamental rights of the mothers and children of the FLDS."

Burke continued, "As this situation continues to unfold, we are concerned that the constitutional rights that all Americans rely upon and cherish - that we are secure in our homes, that we may worship as we please and hold our places of worship sacred, and that we may be with our children absent evidence of imminent danger - have been threatened.

"We stand opposed to child abuse and support the government's mandate to intervene when abuse is suspected, to safeguard the health and welfare of children.

The Legal Director for the ACLU of Texas, Lisa Graybill, is present in San Angelo attending the hearings. "We recognize that this balancing act is difficult, but we are concerned that government may not be complying with the Constitution or the laws of Texas in the execution of its mandate, from how the raids were conducted to whether the current process protects basic rights," Graybill said. "The government must ensure that each mother and each child in its custody receives due process of law in determining the placement of the children and other matters regarding the children's care."

Not long after the ACLU released their communication, Judge Walther ruled that the state had given sufficient evidence that the children were in danger and ordered the continuation of custody.

The raid took place late last month at the Yearning for Zion Ranch. The families who live there are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a polygamist sect. Tension has existed between the FLDS and the government for many years, particularly with regard to alleged sexual abuse. The leader of the group, Warren Jeffs, is currently in jail for sexual misconduct.

Until recently, non-members were not allowed in the compound. Following this recent action, however, the FLDS has allowed media and other visitors to come in and look around - providing outsiders a chance to see the life at the ranch.

This openness, along with TV interviews being granted by the mothers of the children, seems to indicate that the group is eager to use the public square of media to plead their case.

Connor Boyack, of Lehi, Utah has also used technology to take this cause to the people, establishing a website where people could sign an online petition opposing the removal of the children. The petition, which is to be delivered to state authorities in Texas, asks that the children be released and officials apologize for the "acts of aggression" against the FLDS.

The petition reads, "We, the undersigned, urge Texan authorities to free the innocent women, children, and other members of the Fundamentalist LDS Church who are currently being detained. We demand that the Constitutional rights of the innocent be preserved, and that due process be served.

"As individuals are innocent until proven guilty, we call upon the Texas Governor to intervene in this matter and allow the women and children to return to their homes peacefully. We also demand an apology, most especially from the Texas CPS, for the heinous acts of aggression displayed in these recent events."

Boyack is a blogger who describes himself as a 20-something thinker broadcasting his thoughts on life, politics, and religion to the masses. He posted his petition on April 15 and in five days reached his goal of 1,000 names, 75 percent of whom identified themselves by name. Boyack says he plans on submitting the petition to Texas Governor Rick Perry, Senator Hutchinson, Senator Cornyn, and Commissioner Cockerell of the Department of Family Services.

On his blog Boyack stated, "I don't expect this to do much, but I can and will certainly try."

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