From Deseret News archives:

Federal lawsuit filed over FLDS trust

Published: Tuesday, Oct. 7, 2008 12:04 a.m. MDT
 |  E-MAIL | PRINT | FONT + - 
The Fundamentalist LDS Church has filed a federal lawsuit challenging court-ordered reform efforts to its real-estate arm.

The lawsuit, filed Monday in U.S. District Court in Salt Lake City, accuses the attorneys general of Utah and Arizona, the court-appointed special fiduciary of the United Effort Plan Trust, and the judge who reformed that trust of violating the FLDS Church's First Amendment rights.

"The UEP Trust was formed so FLDS Church members could live the United Order and the Law of Consecration by seeking religious stewardships within the meaning of Holy Scripture," church attorney Rod Parker wrote in the lawsuit. "FLDS Church members cannot practice the United Order or the Law of Consecration under the reformed trust."

In 2005, the Utah Attorney General's Office asked the courts to freeze the UEP's assets, alleging that FLDS leader Warren Jeffs and others had fleeced it. A judge in Salt Lake City's 3rd District Court took control of the trust and appointed a special fiduciary to manage the trust and its $110 million in assets, mostly property in the border towns of Hildale, Utah, and Colorado City, Ariz.

Story continues below
The trust has undergone reforms that pave the way for private property ownership, doing away with the early-Mormon concept of a "United Order," where the FLDS doled out homes and property according to "just wants and needs."

"Under the court's management, the reformed trust has been operated to discriminate against plaintiffs as members of the FLDS faith," Parker wrote, adding that it is part of an ongoing "sociological and psychological war" with members of the polygamous church.

For years, the FLDS have largely ignored reform efforts, following an edict by Jeffs urging his followers to "say nothing, do nothing, sign nothing." The fiduciary, Bruce Wisan, has said the FLDS resistance to reform efforts has cost millions in legal fees and other bills. Following an April raid on the group's ranch in Texas where hundreds of children were placed in state protective custody because of abuse allegations, the church has begun speaking out and challenging the reforms in court.

By carving religion out of the reforms, the FLDS argue the court is violating their right to practice their religion — including polygamy. The lawsuit includes a challenge to Utah's prohibition on plural marriage.

Utah Attorney General Mark Shurtleff called the lawsuit "ridiculous."

"Everything we've done in going to court is to protect the rank-and-file members of the church from losing out on what they were entitled to in the trust because Warren Jeffs was not protecting the trust monies," he told the Deseret News on Monday.

Recent comments

The property belonged to a trust and those who resided or built on...

what? | Oct. 30, 2008 at 11:18 p.m.

It looks from here as though this suit in federal district court is...

Peter S. Chamberlain | Oct. 17, 2008 at 5:20 p.m.

I hope a court hears this case and rules specifically on whether or...

John Pack Lambert | Oct. 13, 2008 at 10:19 a.m.

previousnext

Latest comments

I laughed at the names that were given to the snakes, such clever names. I...

Harpring's NBA career is over

I used you to really hope you were always kidding with your political posts....

RE: Anon @ 5:47 There is a BIG difference between freedom of and freedom...

Schanze shuts down 'Awesome Computers'

The only ones that are disturbed are the liberal media that hates guns so bad...

Matt it has been awesome to have you here as a player and role model. I hope...

I'm a USU grad, and saw a great shirt about US not you! "DEE GLEN SMITH...

Hey look, Jazz Cop and CL are agreeing with each other on back-to-back...

Hey, the papers are going bankrupt because of their inability to adjust their...

Harpring's NBA career is over

Matt, you will be truly missed. Thanks for showing us what playing with real...

2A All-State teams

Good job to all the ladies this season. Hard work and determination has it's...

Advertisements