Andrew McCullough's Blog

Thursday, May 29, 2008

FLDS ruling

May 29, 2008

Today the Texas Supreme Court affirmed the Third District Court of Appeals that the wholesale removal of over 4oo children from their homes over fear of a strange brand of polygamy in their community was unlawful. That ruling was absolutely correct, no matter what you think of the FLDS Church and their leader, who is now in jail for assisting in a rape (See my previous blog entries for my feelings on that). It is great to see that misuse of State power can be reined in through determined use of the judicial system.

I am particularly proud of the fact that the ACLU national office and the ACLU of Texas filed a substantial Amicus Curiae ("friend of the court") brief in support of the rights of the parents. And, because of the very short time to file it, they worked all night. Our Utah ACLU has links to the ACLU brief and the court decision on its website at Hopefully, that will answer those of you who have asked me lately where the ACLU is in that case. They were present, and they answered the call. As an attorney who practices sometimes (I try not do do it much anymore) in Juvenile Court, I know as well as anyone that the State (whether it is Utah, Texas or whatever) will OFTEN abuse its power in intefering with a family, based on rumors and unproved allegations. We must continue to fight for individual rights against this power. And, at least sometimes, we will win in the end. Thanks to the ACLU of Texas and all those who fought and won this time.


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