The ACLU is observing the State of Texas' proceedings against the FLDS community. On Sunday, the ACLU representative said the organization was concerned about abrogation of the rights of the children and their parents. Most of the time, I am railing against the ACLU, but in this instance, I agree the ACLU has reason to be concerned and I encourage them to enter the case. To state, they could enjoin the State of Texas to stop and provide each child immediately with a hearing where the sufficiency of the State's action in removing the child from his/her parent(s) can be established. So far, it is not clear than any such hearing has been held and probably will not be held for months; in the meanwhile as a matter of fact, children are removed from their mothers and fathers. The law prohibits removal of children from their parents except when an imminent threat exists to the lives of the children. There is no evidence that the children's lives are in danger in the Texas FLDS case. Removal of the children, who have lived in a secluded private world, must be a horrific trauma for them.
Update. April 23, 2008. The legal wizards of Volokh Conspiracy are appalled at the denial of legal process for the FLDS children and the lack of facts in the case.
