SAN ANGELO, Texas: The state of Texas should not have removed children from a polygamist sect's ranch because it didn't prove that they were in "imminent danger," an appeals court ruled Thursday, May 22.
In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had appealed a lower court judge's decision that the children remain in state custody.
The Appeals Court Judges gave the lower court 10 days to vacate an order placing the children in state custody.
Although the ruling applies only to the children of the 38 mothers represented in this case, a lawyer for the women said the Court of Appeals' reasoning would apply to all of the children who were removed from their homes.
"The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the judges said.
More than 450 children were forcibly removed from their homes last month on the Yearning for Zion Ranch, which is owned by the Fundamentalist Church of Jesus Christ of Latter-Day Saints.
Hooray, I said, when I saw this news on CNN last Thursday. I was right. The removing of those 450 children from their mothers and fathers was WRONG! The Appeals court 3-0 backed my opinion up.
In fact, this opinion by the Appeals court is so strong that some feel it would be stupid for the Texas authorities to appeal it the the State Supreme Court. I agree. That would be stupid. But who knows, removing 450 children from their mothers and then placing them, split up, all over the state of Texas was STUPID too.
It is a great day for families in the state of Texas!
The parents said they had spent the last few weeks zigzagging across the state to visit their children, who were taken from the sprawling 1,700-acre ranch on April 3.
"You can see it's a lot of stress on them," Edson Jessop said, referring to his three boys and girl. "Every time we leave, they go through that trauma again. It's enough to rip your heart out."
After the state took custody of the children, the mothers appealed the order on the grounds the department failed to establish that the need for protection was urgent.
Because no such proof was presented, the mothers argued that the district court, which backed the raid, abused its discretion and was obligated to return the children to their parents.
The Texas Appeals court agreed.
"Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal prior to full litigation of the issue," the Appeals Court wrote.
Furthermore, the court said, CPS (Child and Protective Services) did not make any reasonable effort to determine if measures other than removal would have reduced the perceived risk to the children.
It was ridiculous how the courts had ignored the parents' rights.
It was about time a court stood up and said that what has been happening to these families is wrong.
This was the right decision. Thank God
Don't misunderstand me here. I do not agree with Polygamy. But that was NOT the issue here.
The issue was the precedent that could have been set; of State authorities being able to just bust in your community/home, round up your kids and separate them from their Parents, based on nothing more than a weak rumor/allegation.
This FLDS ranch is a Community of people working together, being self-sufficient. You don't just bust in there with guns drawn and Forcibly remove Children from their Parents with no real evidence of abuse.
If this could happen to the FLDS, it could happen to the Amish community next.
That is why this Appeals Court Decision is so right.
Now I pray that the Texas authorities will just admit they were wrong and do not appeal this any further.
Ahh, it feels good to be right from the beginning on this issue.
Jimbo
Monday, May 26, 2008
Thursday, May 15, 2008
California Strikes Again-Supreme Court says Forget the Voters-Gay Marriage the Law.
By one vote, the California Supreme Court today rejected the expressed will of Californians to limit marriage to a man and a woman.
In 2000, a 61.4 percent majority of Californians passed Proposition 22, which limited marriage to a man and a woman and precluded California’s recognition of same-sex “marriages” consummated elsewhere. In a decision derided by a dissenting California justice as “legal jujitsu,” the Supreme Court majority held that the ban on same-sex marriage is an infringement of the fundamental state constitutional right to marry.
California is now the second state after Massachusetts where homosexuals will be allowed to “marry.” But unlike Massachusetts, California has no law that prohibits homosexual couples living in states that don’t recognize same-sex “marriage” from marrying in the Golden State.
The California Supreme Court has opened the door to a legal battle royal across the nation. Homosexual couples will flock to California to marry, return to their home states, and file lawsuits to force the recognition of their Land of Fruits and Nuts marriages—and the destruction of the 1996 federal Defense of Marriage Act [DOMA].
California’s highest court has just invalidated California’s Proposition 22, creating a legal “fundamental” right to homosexual so-called “marriage” out of thin air, under the guise of equal protection.
The California Supreme Court is only supposed to Interpret the Law, but in this case they decided to Make the Law OVER the will of the Majority of California Voters.
And California's weak Governor, Arnold Schwarzenegger, stated that he will not push for an amendment to California's Constitution to say that Marriage is between a Man and a Woman.
To ensure that marriage is protected and the voice of the people is heard, a constitutional marriage amendment must be placed on the November ballot in California, and national efforts need to be made to generate a federal constitutional marriage amendment. The decision must be removed from the hands of judicial activists and returned to the rightful hands of the people
“So-called ‘same-sex’ marriage is counterfeit marriage. Marriage is, and has always been, between a man and a woman. We know that it’s in the best interest of children to be raised with a mother and a father. To use children as guinea pigs in radical San Francisco-style social experimentation is deplorable.
“The majority of Americans recognize the fact that legitimate marriage and family are cornerstones of a healthy society. Reasonable people have had enough and are refusing to allow radical extremists to redefine marriage and family into oblivion. So-called ‘same-sex marriage’ is a ridiculous and oxymoronic notion that has been forced into popular lexicon by homosexual activists and their extremist left-wing allies.
“If people who engage in homosexual behavior want to dress up and play house, that’s their prerogative, but we should not destroy the institutions of legitimate marriage and family in order to help facilitate a counterfeit.
Some may ask, "Why do you care if 2 gay people marry"?
The reason is because it (homosexuality) is morally wrong. God burned Sodom to the ground for its crazy acts of homosexual perversion. Don't think God can't punish America for its stamp of approval of the homosexual lifestyle. I for one, want to be on God's side. I want his blessings. How can we as a Nation expect God to bless us when we pervert Marriage?
The Gay Mafia strikes again. More perversion. More Sin.
It is becoming increasingly difficult to shield your kids from this perversion.
This is one of the BIG reasons that I home school. The Public Grade/Middle/High Schools have been taken over by the Gay Mafia too.
On my next blog, I will show you how the Gay Mafia has "taken over" our Colleges too. I have a specific example of how an employee said the "wrong thing" and was fired.
Understand, according to the Gay Mafia, there is no such thing as free speech if the speech is against a homosexual. The Gay Mafia wants you fired, imprisoned, fined for speaking out against their perverted lifestyle. Make no mistake about it.
Jimbo
In 2000, a 61.4 percent majority of Californians passed Proposition 22, which limited marriage to a man and a woman and precluded California’s recognition of same-sex “marriages” consummated elsewhere. In a decision derided by a dissenting California justice as “legal jujitsu,” the Supreme Court majority held that the ban on same-sex marriage is an infringement of the fundamental state constitutional right to marry.
California is now the second state after Massachusetts where homosexuals will be allowed to “marry.” But unlike Massachusetts, California has no law that prohibits homosexual couples living in states that don’t recognize same-sex “marriage” from marrying in the Golden State.
The California Supreme Court has opened the door to a legal battle royal across the nation. Homosexual couples will flock to California to marry, return to their home states, and file lawsuits to force the recognition of their Land of Fruits and Nuts marriages—and the destruction of the 1996 federal Defense of Marriage Act [DOMA].
California’s highest court has just invalidated California’s Proposition 22, creating a legal “fundamental” right to homosexual so-called “marriage” out of thin air, under the guise of equal protection.
The California Supreme Court is only supposed to Interpret the Law, but in this case they decided to Make the Law OVER the will of the Majority of California Voters.
And California's weak Governor, Arnold Schwarzenegger, stated that he will not push for an amendment to California's Constitution to say that Marriage is between a Man and a Woman.
To ensure that marriage is protected and the voice of the people is heard, a constitutional marriage amendment must be placed on the November ballot in California, and national efforts need to be made to generate a federal constitutional marriage amendment. The decision must be removed from the hands of judicial activists and returned to the rightful hands of the people
“So-called ‘same-sex’ marriage is counterfeit marriage. Marriage is, and has always been, between a man and a woman. We know that it’s in the best interest of children to be raised with a mother and a father. To use children as guinea pigs in radical San Francisco-style social experimentation is deplorable.
“The majority of Americans recognize the fact that legitimate marriage and family are cornerstones of a healthy society. Reasonable people have had enough and are refusing to allow radical extremists to redefine marriage and family into oblivion. So-called ‘same-sex marriage’ is a ridiculous and oxymoronic notion that has been forced into popular lexicon by homosexual activists and their extremist left-wing allies.
“If people who engage in homosexual behavior want to dress up and play house, that’s their prerogative, but we should not destroy the institutions of legitimate marriage and family in order to help facilitate a counterfeit.
Some may ask, "Why do you care if 2 gay people marry"?
The reason is because it (homosexuality) is morally wrong. God burned Sodom to the ground for its crazy acts of homosexual perversion. Don't think God can't punish America for its stamp of approval of the homosexual lifestyle. I for one, want to be on God's side. I want his blessings. How can we as a Nation expect God to bless us when we pervert Marriage?
The Gay Mafia strikes again. More perversion. More Sin.
It is becoming increasingly difficult to shield your kids from this perversion.
This is one of the BIG reasons that I home school. The Public Grade/Middle/High Schools have been taken over by the Gay Mafia too.
On my next blog, I will show you how the Gay Mafia has "taken over" our Colleges too. I have a specific example of how an employee said the "wrong thing" and was fired.
Understand, according to the Gay Mafia, there is no such thing as free speech if the speech is against a homosexual. The Gay Mafia wants you fired, imprisoned, fined for speaking out against their perverted lifestyle. Make no mistake about it.
Jimbo
Thursday, May 8, 2008
SHAME on Texas Authorities for Separating Over 400 Children from their Mothers.
I have waited until I got all the facts that I could possibly find before blogging on this, but now I will.
The Texas Raid of the FLDS is one of the BIGGEST TRAVESTIES of CONSTITUTIONAL FREEDOMS EVER!
Here is the facts: On March 29 and 30, Texas police authorities received a call from inside the ranch by a 16-year old girl who said she is married to-- and has an 8 month old child by-- Dale Barlow who has previously been convicted of conspiracy to commit sexual contact with a minor. In response, Police obtained a warrant from state District Judge Barbara Walther ordering the arrest of Dale Barlow, and authorizing seizure of any records or documents on the marriage of Barlow to the 16-year-old and the resulting birth of their child. It also orders the seizure of computer equipment, hard drives and data storage equipment, DVDs, videotapes and photographs.
This should have been the End of it. BUT WAIT, THERE'S MORE.....
Once inside the YFZ Ranch in Eldorado, Police started REMOVING Children from their Mothers.
Why, I kept asking myself?? These Mothers have done nothing wrong. If anything, they may be victims themselves of the Men within the sect.
Anyway, the whole reason that the Police went in is because of an anonymous call by this girl who they could not even find when they went to the Ranch.
So again I yell louder now at the TV; WHY ARE THE POLICE FORCIBLY REMOVING THESE WOMEN FROM THEIR OWN CHILDREN WHEN NO ONE HAS CLAIMED THAT THEY (the Women) DID ANYTHING WRONG???
Something is wrong here. How can a raid of this magnitude happen from just one *unverified* phone call. Is this America? Are your children safe?
This is still America ...I think. And I am wondering how a judge can order the removal of ALL women and ALL children from their homes based on a warrant for the arrest of ONE man and in looking for ONE young woman described by the 9-1-1 caller as an abused victim.
While outsiders view the polygamist cult as an abomination, others view the secular world as equally abominable. Brainwashing seems to be a bad thing if the girls don't wear make-up, dress "like they were from a different era", and don't have access to TV and movies. Oh horrors! How could people live such a life?!?!
Well, I guarantee that some see the secular abuse of women happening all the time -their subjugation by the culture to act and dress like whores. They are no better off in secular society being treated as if they are lesser, non-intelligent human beings. Let your kids play with the Bratz dolls that look like little hookers? I imagine the little girls seized illegally in TX play with baby dolls, not Bratz dolls.
Who are the sick people exactly? The members of the cult or the outside, secular world full of its "sexy" images of women which keep them at the mercy of men just as the cult may? At least in the cult, they marry the young women and don't just have multiple "dumpings" and illegitimate children as happens in the secular realm.
And to the legal question: we are guaranteed personal and religious liberty in our Constitution. Illegal search and seizure of property or persons is not lawful. Only looking for the person being charged and for the victim of a crime is lawful -not rounding up everyone whose beliefs the world at large disagrees with.
The confiscation of children from their parents by the state like this smacks of totalitarianism. This is the sort of thing done by Nazis and Communists.
This looks like the law and the courts are out of control. I don't see any evidence only allegation. The problem today is that in this Nitwit Nation allegation is seen as equal to evidence. It isn't. The law enforcement in this case had better have darn good evidence. It looks to me like this mass separation is being used to coerce evidence. My bet is law enforcement will keep the parties separated until they can fabricate the evidence they need to prosecute.
Let me put it to you this way; What crime have the kids committed? Why are they being dealt the most drastic punishment imaginable - separation from their mothers and fathers - for no known reason?
The state of Texas has not found one single crime against these children yet. Even if they do find one or two, how can that be a reason for taking dozens, maybe hundreds of children away from their mothers?
The kids are the victims here - not of the parents, but of the incredible, unbelievable cruelty of the state of Texas authorities. If there is evidence of cruelty by the families to these kids, where is it?
Look, I am a huge fan of Texas. I have many friends there. But what is the attorney general of Texas doing? This is an Orwellian nightmare. For no reason except what looks like a crank call, the lives of these children have been turned upside down and into a screaming horror movie.
Can't someone say the obvious here? That in this case, it's not the Mormons who are the criminals, it's the government of Texas.
Governor Perry, wake up and give those kids back to their mothers until you have some compelling, proven reason to do otherwise. What your state is doing here is Gestapo tactics pure and simple.
Look, I am not a fan of polygamy. For one thing, it's all any man can do keeping up with one wife. For another, it's against the law in this country.
But the polygamists that have been in the news have been operating for decades. The authorities knew about it, and them. They didn't do a thing about it for all those years!
The government is taking more and more liberty with our liberties. Better watch out; you or your church group could be next.
Jimbo
The Texas Raid of the FLDS is one of the BIGGEST TRAVESTIES of CONSTITUTIONAL FREEDOMS EVER!
Here is the facts: On March 29 and 30, Texas police authorities received a call from inside the ranch by a 16-year old girl who said she is married to-- and has an 8 month old child by-- Dale Barlow who has previously been convicted of conspiracy to commit sexual contact with a minor. In response, Police obtained a warrant from state District Judge Barbara Walther ordering the arrest of Dale Barlow, and authorizing seizure of any records or documents on the marriage of Barlow to the 16-year-old and the resulting birth of their child. It also orders the seizure of computer equipment, hard drives and data storage equipment, DVDs, videotapes and photographs.
This should have been the End of it. BUT WAIT, THERE'S MORE.....
Once inside the YFZ Ranch in Eldorado, Police started REMOVING Children from their Mothers.
Why, I kept asking myself?? These Mothers have done nothing wrong. If anything, they may be victims themselves of the Men within the sect.
Anyway, the whole reason that the Police went in is because of an anonymous call by this girl who they could not even find when they went to the Ranch.
So again I yell louder now at the TV; WHY ARE THE POLICE FORCIBLY REMOVING THESE WOMEN FROM THEIR OWN CHILDREN WHEN NO ONE HAS CLAIMED THAT THEY (the Women) DID ANYTHING WRONG???
Something is wrong here. How can a raid of this magnitude happen from just one *unverified* phone call. Is this America? Are your children safe?
This is still America ...I think. And I am wondering how a judge can order the removal of ALL women and ALL children from their homes based on a warrant for the arrest of ONE man and in looking for ONE young woman described by the 9-1-1 caller as an abused victim.
While outsiders view the polygamist cult as an abomination, others view the secular world as equally abominable. Brainwashing seems to be a bad thing if the girls don't wear make-up, dress "like they were from a different era", and don't have access to TV and movies. Oh horrors! How could people live such a life?!?!
Well, I guarantee that some see the secular abuse of women happening all the time -their subjugation by the culture to act and dress like whores. They are no better off in secular society being treated as if they are lesser, non-intelligent human beings. Let your kids play with the Bratz dolls that look like little hookers? I imagine the little girls seized illegally in TX play with baby dolls, not Bratz dolls.
Who are the sick people exactly? The members of the cult or the outside, secular world full of its "sexy" images of women which keep them at the mercy of men just as the cult may? At least in the cult, they marry the young women and don't just have multiple "dumpings" and illegitimate children as happens in the secular realm.
And to the legal question: we are guaranteed personal and religious liberty in our Constitution. Illegal search and seizure of property or persons is not lawful. Only looking for the person being charged and for the victim of a crime is lawful -not rounding up everyone whose beliefs the world at large disagrees with.
The confiscation of children from their parents by the state like this smacks of totalitarianism. This is the sort of thing done by Nazis and Communists.
This looks like the law and the courts are out of control. I don't see any evidence only allegation. The problem today is that in this Nitwit Nation allegation is seen as equal to evidence. It isn't. The law enforcement in this case had better have darn good evidence. It looks to me like this mass separation is being used to coerce evidence. My bet is law enforcement will keep the parties separated until they can fabricate the evidence they need to prosecute.
Let me put it to you this way; What crime have the kids committed? Why are they being dealt the most drastic punishment imaginable - separation from their mothers and fathers - for no known reason?
The state of Texas has not found one single crime against these children yet. Even if they do find one or two, how can that be a reason for taking dozens, maybe hundreds of children away from their mothers?
The kids are the victims here - not of the parents, but of the incredible, unbelievable cruelty of the state of Texas authorities. If there is evidence of cruelty by the families to these kids, where is it?
Look, I am a huge fan of Texas. I have many friends there. But what is the attorney general of Texas doing? This is an Orwellian nightmare. For no reason except what looks like a crank call, the lives of these children have been turned upside down and into a screaming horror movie.
Can't someone say the obvious here? That in this case, it's not the Mormons who are the criminals, it's the government of Texas.
Governor Perry, wake up and give those kids back to their mothers until you have some compelling, proven reason to do otherwise. What your state is doing here is Gestapo tactics pure and simple.
Look, I am not a fan of polygamy. For one thing, it's all any man can do keeping up with one wife. For another, it's against the law in this country.
But the polygamists that have been in the news have been operating for decades. The authorities knew about it, and them. They didn't do a thing about it for all those years!
The government is taking more and more liberty with our liberties. Better watch out; you or your church group could be next.
Jimbo
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