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Unpaid Lawyers and Texas Supreme Court Save Constitution in FLDSMatter
Unpaid Lawyers and Texas Supreme Court Save Constitution in FLDS Matter
http://beehivestandardweekly.com/art...olygamy-Ruling Previously, the editors of the Beehive Standard Weekly expressed our opinion that the raid on the polygamy compound was clearly an infringement of civil rights upon the members of the FLDS church. The Texas Supreme Court agrees and now the unraveling of this ugly civil rights battle begins. This is not to say that there won't be specific charges eventually brought against individuals who have engaged in improper marriages with underage persons, however, as a whole, the Texas Child Protective Services and its henchmen should be held accountable for their atrocities. We cannot close our eyes to the substantial infringements and damage done by an overreaching and overzealous CPS agency. Their expressed intent was to "protect" children involved with the FLDS religion. The assertion CPS made was that this was not an attack upon the FLDS religion. To an independent observer, this was exactly an attack on their religion. Most Americans do not agree with polygamy and think the FLDS is a backward, even oppressive religion and culture. Most do not agree with the way the children are raised in this religion. That being said, however, the lifestyle is one based upon religious belief. It is no better or worse than the culture that has developed in the inner-cities among the Black Americans. Most do not agree with the culture, but it is not illegal to adopt the culture as a way of life or to participate in the sub-culture that to others appears completely self-destructive. When CPS and its henchmen crashed the FLDS compound with tanks and machine guns, it was a lowly moment in religious freedom within the United States. Anyone with a brain could have fashioned a more measured approach. The lies to justify this outrageous behavior started from the beginning. First, it was an affidavit from police officers about the children all being in danger to the brain-washing culture of the FLDS. Then it was the accusation that bedsheets were found "used" in the FLDS temple. Then it was the alleged discovery of dozens of pregnant underage girls. For weeks, these false accusations were strewn about and published in papers throughout the United States. Most publications have never made corrections to their earlier gossiping stories. Most readers still believe that the FLDS was engaged in systemic abuse of children. Those who have watched with a critical eye, however, know that, in the majority, the children ripped from their families were peculiar, but hardly abused. Bit-by-bit we have seen the accusations made by law enforcement to support their Nazi-like detainment of a religious group and confinement of others lose credibility. First, we learned that these underage pregnant women were actually adults -- in one case a 27 year old woman. One lawyer put it very nicely: "I'm glad CPS is finally acknowledging that my 27 year old client is an adult." We often don't hear enough praise about the good that lawyers do. Make no mistake, the unpaid lawyers working to correct the substantial wrong done to the members of the FLDS church are entitled to their day in the spotlight. Despite the slow development of the defense, it was a good day for lawyers. Of course, these same lawyers were able to show that the only child in "danger" was one 16 year old girl who was potentially the subject of sexual abuse. The number of children in "danger" went from over 400 persons to one isolated case. In any culture, you are going to find some abuse. The one case that was discovered is statistically within the margin of a normal population. The first court to act to reverse the outrageous actions of the local judge and law enforcement was the appellate courts in Texas. The higher court found that the evidence submitted was hardly the type of evidence required to remove children from the homes of their families. CPS immediately filed an appeal to the Texas Supreme Court. Most telling was the request of the Texas Supreme Court in asking CPS if they had any more evidence than that which was found on the record. In other words, the Texas Supreme Court was saying to CPS "You're kidding us right? You've got to have more evidence to justify your stupid behavior than what you have presented to us." The Court gave CPS two more days to submit more proof. When they couldn't present any more supporting evidence, the Texas Supreme Court handed down the equivalent of a condemnation to CPS and a stern word or two for the judge who had allowed the action against the FLDS families. Though the high court allowed the local judge to set some parameters around travel and access to the children by CPS, it ordered the immediate return of the children to their families. Without any real justification, the local judge delayed the return of the children -- as if to say I don't care that the higher court thinks that I am a dimwit, I still get to play with my gavel for at least another day or two. We are certain that it must be humiliating diving into such a mess full throttle, only to find out the mess that was created was unconstitutional and unjustified. Sadly, the judge, the local police and CPS created their own monster and in the process trampled upon the civil rights of a peculiar religion. It makes you wonder what was the real story behind the David Koresh massacre. Clearly, Koresh was a nut case, but was there an element of religious intolerance in the rifle barrels of the Texas authorities? Koresh fought back with violence, the FLDS only fought back with lawyers. Clearly, the latter was the better tactic, but the FLDS incident makes us pause as to how much spin was involved in the Koresh incident. Sadly, the only ones who could tell their side of the story in the Koresh massacre are all dead. The FLDS approach was a well reasoned and ultimately brilliant strategy. Instead of being ashes in the ruins of their temple, the FLDS now have the opportunity to collect millions from the taxpayers of Texas for the religious intolerance shown to them. The stories that could be told to a jury would break the hearts of even the coldest of jury members. It is likely that the FLDS, as a group, will probably go away quietly, but they shouldn't. They should punish CPS to wear the badge of intolerance that they have rightly earned. Every CPS member should have to wear a swastika for just a day to remind them of how easy it is to be part of a larger group that seems to be in the right in the sway and passion of the moment, only to be "found out" when the evidence comes rolling in. Most alarming though was the lack of accountability. Where were the naysayers? Who was standing up to say "stop, this isn't right." It took lawyers from the big cities, who were working for free, to come in and stop the madness. The greatest harm done here was the breach of trust. The government has the absolute authority to act absolutely, and without check upon authority and power. This is the very thing that the founding father's feared. Every day there is a person acting with governmental authority and power who has no check on that authority. They are taking children away from their families "in their best interest," and unfortunately, those who cannot afford legal representation have no means to fight off the government. Certainly, in the majority, agencies like CPS probably do more good than harm, but what about the times when they are blinded by prejudice and bigotry? In the end, the FLDS matter is a lesson to be taken to heart. Absolute authority must have checks on power. The courts are often times persuaded by law enforcement to issue warrants on affidavits of assumption and not fact. The judge in this case could have and should have limited the authority of CPS. The balance of power means a check on abuse of authority. The courts exist to make sure that organizations like CPS do not run astray. Too often the police agencies use the courts as a formality and process rather than a vetting process. Judges must not rubber stamp every subpoena that crosses their desk. Subpoenas set civil rights aside for the purposes of investigating criminal conduct. Judges must not forget that short of issuing a subpoena, the authorities would be trespassing on private property or "breaking and entering" or even converting (stealing) personal property that they take into evidence. The subpoena power is important, but it must not be abused. In this instant matter, the judge was wrong to rely upon unfounded and unsupported affidavits. That is what the Texas Supreme Court determined. The scope of the subpoenas was too broad. The authority of CPS was unchecked and the taking of the children was unjustified. Thankfully, there were good lawyers and good judges who were willing to step in and set the matter straight. Now perhaps, just perhaps, little children in the FLDS church can go to bed in the arms of their parents without the fear that they will be taken from their homes -- at least for a little while longer until the next incident of intolerance rears its ugly head again. An Inconvenient Truth about Child Protective Services, Foster care, and the Child Protection "INDUSTRY" Child Protective Services Does not protect children... It is sickening how many children are subject to abuse, neglect and even killed at the hands of CPS. every parent should read the free handbook from connecticut dcf watch... http://www.connecticutdcfwatch.com Number of Cases per 100,000 children in the US These numbers come from The National Center on Child Abuse and Neglect in Washington. (NCCAN) Recent numbers have increased significantly for CPS Perpetrators of Maltreatment Physical Abuse CPS/Foster care 160, biological Parents 59 Sexual Abuse CPS/Foster care 112, biological Parents 13 Neglect CPS/Foster care 410, biological Parents 241 Medical Neglect CPS/Foster care 14 biological Parents 12 Fatalities CPS/Foster care 6.4, biological Parents 1.5 Imagine that, 6.4 children die at the hands of the very agencies that are supposed to protect them and only 1.5 at the hands of parents per 100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse and kills more children then parents in the United States. If the citizens of this country hold CPS to the same standards that they hold parents too. No judge should ever put another child in the hands of ANY government agency because CPS nationwide is guilty of more harm and death than any human being combined. CPS nationwide is guilty of more human rights violations and deaths of children then the homes from which they were removed. When are the judges going to wake up and see that they are sending children to their death and a life of abuse when children are removed from safe homes based on the mere opinion of a bunch of social workers. THIS IS AMERICA'S HIDDEN HOLOCAUST Currently Child Protective Services violates more constitutionally guaranteed liberties & civil rights on a daily basis then all other agencies combined, Including the National Security agency/Central intelligence agency wiretaping programs… THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES BY: Nancy Schaefer Senator, 50th District of Georgia http://www.senatornancyschaefer.com/...s.php?filter=6 This is Child Protection? By Gregory A. Hession, J.D. http://www.jbs.org/node/4632 Mercenary Motherhood: "Memoirs of a Babystealer." http://www.latimes.com/news/opinion/...nion-rightrail FOSTER CARE IS A 80 PERCENT FAILU. A Brief Analysis of the Casey Family Programs. Northwest Foster Care Alumni Study. By Richard Wexler http://www.nccpr.org/reports/cfpanalysis.doc HOW THE WAR AGAINST CHILD ABUSE BECAME A WAR AGAINST CHILDREN http://www.nccpr.org/issues/1.html Adoption Bonuses: The Money Behind the Madness DSS and affiliates rewarded for breaking up families By Nev Moore Massachusetts News http://www.massnews.com/past_issues/...May/mayds4.htm A recent study has found that 12-18 months after leaving foster ca 30% of the nation’s homeless are former foster children. 27% of the males and 10% of the females had been incarcerated 33% were receiving public assistance 37% had not finished high school 2% receive a college degree 50% were unemployed Children in foster care are three to six times more likely than children not in care to have emotional, behavioral and developmental problems, including conduct disorders, depression, difficulties in school and impaired social relationships. Some experts estimate that about 30% of the children in care have marked or severe emotional problems. Various studies have indicated that children and young people in foster care tend to have limited education and job skills, perform poorly in school compared to children who are not in foster care, lag behind in their education by at least one year, and have lower educational attainment than the general population. *Casey Family Programs National Center for Resource Family Support 80 percent of prison inmates have been through the foster care system. The highest ranking federal official in charge of foster care, Wade Horn of the Department of Health and Human Services, is a former child psychologist who says the foster care system is a giant mess and should just be blown up. http://abcnews.go.com/print?id=2017991 Four rigorous studies have found that at least 30 percent of America’s foster children could be home right now if their parents had decent housing. This study found thousands of children already in foster care who would have done better had child protection agencies not taken them away in the first place. Front-page story in USA Today. http://www.usatoday.com/news/nation/...m?csp=34#Close Read the studies online. Casey "alumni" study: "Improving Family Foster Ca Findings from the Northwest Foster Care Alumni Study," http://www.casey.org/Resources/Publi...lumniStudy.htm MIT study: "Child Protection and Child Outcomes: Measuring the Effects of Foster Care," http://www.mit.edu/~jjdoyle/doyle_fo...arch07_aer.pdf Texas comptroller's "Forgotten Children" reports: www.window.state.tx.us/forgottenchildren The bottom line? - Child Protective Services and the Foster Care system for the most part turns out young adults that are nothing more than walking wreckage... CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CONSTITUTIONALLY GUARANTEED LIBERTIES & CIVIL RIGHTS ON A DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NATIONAL SECURITY AGENCY/CENTRAL INTELLIGENCE AGENCY WIRETAPPING PROGRAMS.... CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON... BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION... |
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