David Politis

I have purposefully delayed making any public statements about the effort of legal authorities in Texas to protect the rights of children and women living in the compound of the Fundamentalist Church of Jesus Christ of Latter Day Saints in Eldorado, Texas by raiding said compound and removing the children from the premises.

The sworn statements of the 911-operators were quite convincing and the ongoing public relations blitz from the Texas authorities has been quite convincing that illegal and nefarious activities had occurred inside the FLDS compound and temple.

Nevertheless, there has also been a small but growing chorus of individuals and organizations that have begun to speak out against the actions of the Texas legal system and in behalf of the rights of the disenfranchised FLDS children, women and men.

Into the exploding legal discussion about the entire Texas v. FLDS matter comes a very poignant blog essay from Utah’s own Rand Bateman in his post “Why You Should Be Concerned About The Events In Texas.” I encourage you to read it.

To Rand’s commentary, I add my own thoughts below.

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I’m not a lawyer, but it would seem to me that a reasonable court (judge and/or jury) would examine the matters of fact in this pending case and throw the whole dang thing out due to a pesky little known/used legal concept called “illegal search and seizure.”

I suspect that once such evidence was deemed inadmissible, then the entire raid on the FLDS compound in Eldorado, Texas would be suspect (it would also seem to this layperson), and that each of the governmental entities in Texas tied to this fundamentally flawed legal exercise would be likely subjects to what is sure to become in combination multi-billion-dollar civil lawsuits because the FLDS church and its individual members saw many of their civil liberties and rights trampled under the storm trooper boots of Texas justice.

For the record, as the father of five children and uncle to dozens of nieces & nephews and cousin to dozens of second young cousins and the like, I do NOT condone in any way, shape or form abuse in any manner, particularly child abuse. In fact, I’m quite convinced that Jesus Christ got it right when He said (paraphrasing) “It would be better for them (any who harm little children) if a millstone were hung around their neck and they were drowned in the depths of the sea.”

Personal religious differences aside between my own beliefs and those of any other faith, FLDS included, this country was STILL established (in part) upon the fundamental (no pun intended) right of religious freedom.

Clearly the Texas prosecutors and law enforcement officials understood that they could not pursue legal action against the practicing polygamous members of the FLDS religion without risking losing in trial the argument that the current prohibition against polygamy is actually legal.

For the record, I understand there is a fair amount of debate on this subject, but I suspect that the growing rights of and protection afforded common law and homosexual couples would eventually create an insurmountable wall affording similar rights and protections to practicing polygamists. In this regard, I’m further convinced that Utah’s Attorney General Mark Shurtleff was correct in not pursuing legal charges against practicing polygamists as I’m convinced the State of Utah would eventually lose such a case.

Unfortunately, it appears to this writer that the Texas authorities glommed upon the unverified and apparently false claims made by the non-existent and supposedly sexually abused “Sarah” as a pretense to swoop in like avenging angels to protect the rights of the children and women in the FLDS compound.

If true, I fear that in so doing they have trampled under feet the rights of life, liberty and the pursuit of happiness, no matter how different or repugnant the Texas authorities may have found the FLDS practices.

God bless and protect the FLDS children, youth, women, men, mothers and fathers of Eldorado. And God bless us all.