Ethics Newsline®

State court says danger to children is not imminent; critics say it’s really a question of religious freedom

SAN ANTONIO
A Texas court last week ruled that the state had no authority to remove more than 400 children from a polygamist sect, raising legal and ethical questions about the rights of parents to retain control of their children — even if the parents engage in behavior that threatens the youngsters’ welfare.

ABC News reports that the seizure of the children, which followed a judge’s ruling that they were in danger of sexual abuse, is the largest child custody case in U.S. history.

MSNBC legal analyst Susan Filan reports that while the living conditions in the Yearning for Zion Ranch in Eldorado, Texas, apparently were harmful to children, the legal standard for seizing children in Texas is “imminent” danger.

In an opinion piece, Filan argues that court’s ruling upholds the principle that religious beliefs cannot be “the basis for governmental child snatching … [because allowing such seizure] is a prescription for religious persecution.”

But child-protection officials say legal doubts remain about the safety of children at the ranch and have appealed the case to the Texas Supreme Court, according to Newsweek.

Authorities have a 10-day window in which to implement or appeal the latest ruling.

The raid was instigated by calls placed to a domestic violence shelter by someone saying she was a 16-year-old victim of abuse on the ranch. The Houston Chronicle reports that the call now is thought to have been fraudulent.

Sources: MSNBC, May 23 — Newsweek, May 23 — ABC News, May 23 — Houston Chronicle, May 23.

For more information, see: Related Newsline Commentary, Oct. 15, 2007 — Related Newsline story, June 19, 2006.