http://www.montgomeryadvertiser.com...=/20080503/OPINION0101/805020348/1006/OPINION
Today, Texas officials are employing a sweeping definition of "child abuse" by removing 437 children from their FLDS families. Now the state must justify its actions by arguing that all of the children were harmed or potentially harmed by life in the church culture. As Tom Vick of the Texas Bar Association (who is rounding up lawyers for the children) puts it: "If it's a dangerous situation for one child, it's a dangerous situation for all."
This is a high bar, far more difficult than a limited investigation into specific allegations of under-age marriage. A victory for the state could mean that none of the children can be safely returned to the church. That could well spell the end of the FLDS community, at least above ground.
That's why Texas should proceed with caution from here on. The outcome of this case could create new grounds for intervention when the government decides an unpopular religious group is inherently detrimental to child welfare.
Temporarily removing the children may have been justified in this case -- that's what the courts will need to determine.
But the ultimate decision about the children's fate should be based on whether there is clear evidence of systematic sexual abuse rather than on general condemnation of the beliefs of FLDS followers or prejudice against their way of life.
Barring such abuse, these children belong with their parents. Being raised in an unconventional religious system may appall or offend outsiders, but it is not by definition abusive. As much as Texas officials may not want to deal with it, this case is not only about child welfare. It's also about religious freedom.
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I just hope the state realizes there is more here than 'just' sexual abuse. I believe we are talking:
* systematic culling out imperfect (handicapped children) by smothering them as infants.
* a disproportionate of "accidents" resulting in the death of children due to negligence or disregard of child labor laws.
* a disproportionate amount of broken bones in young children, possibly resulting from child abuse, or at the very least, absence of supervision.
* infant abuse by slapping and holding babies under water to teach them not to cry.
* systematic removal and abandonment of teen boys due to "disobedience," the result of which is often drug abuse and suicide, but this practice serves to reduce the competition for plural wives.
* murder has been alleged as the ultimate punishment for young girls looking to escape (Flora Jessop tape concerning 3 runaways).
Then there are the financial issues:
* possible welfare fraud by collecting welfare on dead or missing children.
* extortion of unreasonable tithes to fund the church and profit its leaders.
* probable violation of child labor laws.
* probable violation of minimum wage laws.
* trading of children across state and international boundries for the purpose of becoming underage plural wives.
There's probably more, but if here isn't enough information to think RICO, then I don't know what it would take.