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FLDS win big victory

Published: Friday, May 23 2008 12:02 a.m. MDT

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buckland

Did Allison Palmer study at the same law school as Michael Nifong? What a tangled web of deceit Texas is saddling themselves with. First a phony reason for the raid, then lies about womens ages, then lies about how many are pregnant, then lies about taking their holy books. Texas is clutching at any straw in order to persecute these people, its as unamerican as soviet style purges. This must be stopped, this is a government out of control. Hey, Allison, your doing a great job following in Nifongs tracks.

cheese

And this has nothing to do with the practice of religious beliefs? Tt's just about protecting children?

russ

The wheels of justice move slowly but steadily. This isn't a half hour tv show.

I keep telling you

Some of the people of Texas are religious bigots. In fact you might say it's a majority. I believe it is out of fear because of dwindling numbers and that means fewer collections in their plates, also it is a type of judgement on their own lifestyles. How many people used to think mormons had horns and were evil? Guess what? Some in Texas still do! They still believe Baptists can't wear make up or dance! So many odd or sad comments and understandings out there, based out of misknowldge, are very hurtful and damning. This is not what the founding fathers of America had in mind.

It will happen

You know Texas will either have to take the FLDS to court for Plural Marriage, or give the kids back to said parents (who are practicing Plural Marriage). If they goto court, the US Supreme Court will eventually decide that Plural Marriage is legal. If they give the kids back,(and not take them to court), they are recognizing that Plural Marriage is legal. They are between a rock and a hard spot. They have to admit they were wrong (and then recognize Plural Marriage), or they will have to attack Plural Marriage in court (and lose), and have to give the kids back anyway.

Good Move Texas... (rolls eyes)

Just my 2c

John

and the (so called) investigation into whether the phone call was a hoax - and where it came from - takes how long?

Anonymous

The feds could get off their duff and use the Rico and Mann Act statutes to prosecute.

hey John

nobody cares if the call was a hoax.
we've all moved on, suggest you do the same.

dear AG Shurtleff

Watch Allison closely.
See how a real man tackles polygamy.

John

anyone who wants to see justice, cares about this hoax phone call. This waas a law broken with malicious and harmful intent. It is just one of many legal items which must and will be addressed.
The only people who say (as "hey john did") that 'No one cares" are those who want to see this fiasco swept under the rug with no consequences.

Consenting Adults

Yes, plural marriage among consending adults is one thing. Plural marriage among adults and minors is another thing, FLDS.

Not so fast FLDS

Actually, the U.S. Supreme Court would have to overturn the old rulings that it is legal for a state to regulate marriage. If they do that, then they will also be ruling that homosexual marriages are legal as well. Looking at the current makeup of the Court, it is most likely that they will uphold the old cases and rule that state can regulate marriage, thereby banning both polygamy and gay marriage.

Under Lawrence v. Texas, the polygamists can certainly argue that they can have sex with any consenting adult, but that does not necessarily lead to the conclusion that they can marry multiple spouses.

FYI

It was a ruling in Texas (regarding two gay men) that went to the Supreme Court that overturned most laws restricting sexual relations between consenting adults - it would be ironic if a Texas ruling also led to the legalization of polygamy

get over phone call fetish

The phone call has nothing to do with what is going on at FLDS.

If abuse is found there it will be dealt with, regardless of if phone call was a hoax or not.

Do you propose that the abuse at Texas FLDS be allowed to continue if the phone call turns out to have been a hoax?

move on.

T_Rex

The phone call is central to the criminal investigations because if it turns out that the phone call was a hoax then the warrant could be deemed invalid and any evidence seized during the raid would be inadmissable. It's called the exclusionary rule. It would prevent the state from using the something seized in the raid (like the bishops book)from being used in court as evidence of plural marriage.

The exclusionary rule doesn't apply to the state kidnapping because CPS operates outside the criminal system and has the power to remove children when they see evidence of abuse. Now that CPS has the children in custody they are doing everything they can to prove abuse based on the physical conditions of the children. That's why we get reports about underaged mothers and broken bones.

MANY

THE KIDS AND WIVES ARE BRAIN WASHED. I'VE LISTENED TO SOME JEFFS TAPES AND IF THEY CALL THAT RELIGON THEY ARE A SICK SICK GROUP, THE SO CALLED SPIRITUAL WIVES IS AGAINST THE LAW, THE ROBBING OF TAX PAYER MONEY TO FEED THEM AND THEIR MANY BROODS IS A SMACK IN THE FACE TO ME.. AGAINST OUR LAWS ALSO.. JUST FINDING AWAY AROUND OUR SYSTEM TO NOT HAVE THE MEN PAY FOR THEM.. NOT TEACHING THEIR KIDS ABOVE A CERTAIN GRADE TO " MARRY AT 14 OR 15" OR BE CHEAP FREE LABOR LIKE A SLAVE TO THEIR SO CALLED RELIGON... PEOPLE ARE SEEING THIS, NOT JUST THE SILLY HAIRDO'S OR LONG DRESSES TO DISCUSS. LOOK AT THE GIRLS THAT HAVE LEFT, THE BOOKS BEING WRITTEN ABOUT LIVING INSIDE FOR YEARS... THERE ARE LOTS OF THINGS TO GO AFTER THE CULT FOR, I DON'T CONSIDER IT A RELIGON AT ALL..

To hey John

I'd be careful making the statement:
"nobody cares if the call was a hoax we've all moved on, suggest you do the same."

One judge already ruled that the evidence gathered was not sufficiant justification to take the children. And another federal court could yet rule that all the evidence gathered is not admissable in court due to the circumstances surrounding the hoax phone calls, which resulted in the original search warrant being issued. The entire raid could be ruled an illegal search and seizure and all the evidence, including the DNA testing, be ruled inadmissable. Texas could end up with egg on their faces. As has already be stated "the wheels of justice turn slowly." The only good that may come out of the situation is that FLDS men might think twice about taking underage girls to wed.

the PHONE CALL

gave authorities a chance to shine a light on the fetid refuse hole that is YFZ.

Hopefully some children will be saved as a result.

It is entirely possible that crafty lawyers will get the children thrown back, injustice happens every day in our "judicial" system.

But hopefully not this time.

Thank You to whomever made the PHONE CALL

Relocated Southerner

I really don't see how they can charge anyone with bigamy if they have not actually taken out a marriage license (through the State) with more than one woman. "Spiritual marriages" are not breaking the law, and unless the couples have filed a LEGAL marriage license with the State, technically no law has been broken so it cannot and should not be prosecuted. If they are going to start prosecuting people for living together without benefit of state sanctioned marriages, then they better increase their judicial system a good bit as they will (and should be) required to start filing charges against any couple, heterosexual or homosexual, who is living together without a license, as well as prosecuting anyone who commits adultery. While I don't agree with the FLDS lifestyle, I really don't think there is any way the State of Texas can LEGALLY charge these people with bigamy without an actual marriage licensed issued by the state. This whole issue is about legislating what a particular religion teaches and the State of Texas' disagreement with it. If this prevails, watch out -- your religion could be next!

DC

To "Not so fast FLDS"

First, your sophomoric rhetorical effort to imply that anyone who opposes the Texas CPSs actions must be FLDS isn't really working, so I suggest a different tack.

Second, the legal issue here is more complex than you believe. You are right that the current Court would most likely defend state laws regulating formal marriage, while striking down state laws regulating adult sex outside of marriage. But the polygamous couples here are not formally married, and Texas's "informal" marriage law with history showing it was amended specifically to target the FLDS -- *will* be constitutionally problematic if applied to adult couples. But if Texas goes the other route, and prosecutes adult men for the isolated cases of unmarried sex with girls under 18, they will have a problem because the girls were above the age at which they could be married with their parents' consent in Texas. The only reason they're not married is because of the law against polygamy -- a religious belief. So Texas cant claim that theyre just protecting children, because it says the same relationship is OK provided it isnt done in polygamy, which means the law is targeting religion.

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