Filed under: Authoritarian, Civil Liberties, Fundamentalism, Human Rights, Media, Politics, Progressive, Religion | Tags: FLDS, Rule of Law, Separatism, Texas
Those of you who are starting to get to know me through my writing should understand why I just can’t stay away from this. It has implications for most of the issues I write about: authoritarianism, civil liberties, religion in politics, regressive social practices, human rights, media issues. But first and foremost, it has implications for the rule of law.
The mainstream media should be writing stories like this (must-read) about FLDS instead of engaging in this stupidity, which hardly qualifies as writing at all. The issues Sara raises in her post today are chilling, and they have a big-picture significance to the political problems we’ve been wrestling with in the U.S. at least since Bush took office.
Even though some people are trying to make this about religious freedom and dismiss it by saying it’s all based upon consensual relationships, there are much more important issues at play here. Like so many other issues that plague us today, there’s a point here about the rule of law that needs to be made repeatedly.
We cannot afford to allow any group, religious or otherwise, to set up its own police departments, courts, and healthcare systems and use those institutions to hold our public laws in abeyance and impose their own laws on large numbers of people. That’s tantamount to forming a state-within-a-state, and it’s dangerous. If FLDS can do this, Dominionist groups and separatist political groups can do it, too. This is precisely the sort of thing that has the potential to bring down the system if it becomes widespread enough.
It’s a direct challenge to the state’s monopoly on the use of force within its borders. Since the monopoly on violence is what backs up the laws we use to maintain civil order, that makes it a threat to the legitimacy of the laws and by extension, a threat to our domestic tranquility. This is not the place to have an argument about whether the state ought to use violence to back up our laws. The fact of the matter is that it claims sole authority to do so, and this claim is the single most important factor in maintaining the rule of law (to the extent that we are actually maintaining it at the moment).
If there was ever a case where the government has security and public safety interests that outweigh individual rights to religious liberty, this is one. That said, I think this situation is fraught with peril. Here are the two most significant dangers I see.
First, the politics are not easy to navigate. This gives the national government an incentive to use the First Amendment as a shield to stay out of it, even though the government rarely considers the First Amendment on a host of other issues with First Amendment implications. It’s going to be all too easy for faux-libertarian state and local authorities to do the same, especially in states which don’t have experience dealing with similar groups. This means that absent real public pressure, FLDS is going to continue to operate around the country, and they’re going to keep doing the same things they have been doing in Texas. It’s foolish and dishonest to take a “bad apples” approach here. It’s clear that these people have erected an interstate institutional system and are using it to regulate the behavior of a massive number of people outside the reach of the law.
Second, when officials do attempt to deal with FLDS as Texas is doing now, there’s a danger that people on either side might get out of control and touch off a violent encounter or a mass murder/suicide. When that happens, the people who die are going to be viewed as martyrs and it’s very likely the media will feed that perception. Plus, the authorities who are struggling to deal with this are going to take a hit, even if they’ve done everything reasonably possible to prevent the violence from occurring. The failure to deal proactively with this group has practically guaranteed that the authorities who deal with them on the ground when necessity dictates that they do so will face a no-win situation. Smarter people than me need to be figuring out ways to minimize the risk of violence on all sides when dealing with this group and similar ones.
I am very sensitive to the fact that we must preserve a high degree of autonomy for people who live beyond the boundaries of what passes for “mainstream” in our society. I don’t expect everyone to live the way I do (or anyone to, for that matter). I want to be left alone to make my own choices as much as the next person, and in most cases, I strongly support the rights of others to enjoy the same freedom. That said, there is a mountain of evidence already that this group has engaged in practices which meet our accepted legal definitions of child abuse and human trafficking. They’ve set up institutions to facilitate this behavior across state lines and international borders. These institutions have been paid for in part with public money.
When you view it that way, you can easily see that this is a localized form of authoritarianism (or fascism if you prefer), and it has the infrastructure in place across the country to go national in a big way. FLDS has compounds in Mexico and Canada as well as the U.S. The fact that they have some religious views that a lot of people find strange does not make their operation any less a criminal enterprise than organizations which smuggle slaves purely for profit. The government should take steps to: 1) Give the alleged criminals in this case a fair trial and punish them if convicted; 2) Help the victims recover; and 3) Impose sufficient regulations on this group to prevent them from engaging in criminal behavior in the future.
With all due respect to people who have genuine questions about the implications of this case for individual rights, I must write this. Making this issue all about freedom to worship in one’s own way or about the right to engage in non-conformist family and sexual practices, while failing to deal with the issues I’ve laid out for you here, is concern trolling of the most pernicious sort. We must not give our tacit consent to this behavior. We need to strip away the religious and ideological content of this issue and examine it long enough to understand that these people have developed an organizational blueprint. Any group with enough money and social cohesion can apply this blueprint to their own enterprises. This situation is too dangerous to ignore. It’s one more canary in the mine that those of us who are looking at trends which encourage the breakdown of public order need to be paying attention to.
To me, FLDS’ religious views are not the controlling issue here. Their behavior is the controlling issue. I’m aware that one informs the other; but it’s sometimes helpful to stay away from ideological content when we discuss these issues in the context of law and individual rights. I haven’t said much about the religious content of this issue here for precisely that reason. However, the religious implications are important to the social and political context that everyone caught up in this situation is forced to operate in. It’s important to the media narrative. I think the religious views themselves need to be discussed thoroughly, too. So I’ll have a follow-up post later in the week for my readers who are religious, or who are interested in the perspective of a religious person on the actual religious views of this group.
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Pingback by The Inevitable FLDS Post « Anti - Authoritarianism 22 April, 2008 @ 1:17 pmWhat it if were a group of African Americans in the same circumstance? Would they call it a compound? Would they call it a “religion”? Would they have recieved millions in Government contracts? I think not.
Comment by redeye 22 April, 2008 @ 3:25 pmUsing the word “abuse” as a noun or a verb is useless to describe what you think is wrong with the FLDS or anyone for that matter. The word is a broad brush that may miss the mark or soil the intent of the message. It assumes that the hearer of the word can read minds and oft as not it fails miserably.
Comment by Boise Leon 22 April, 2008 @ 3:59 pmAsk yourself, “Specifically, how do you think a nursing mother is likely to abuse her infant?” It is hard for me to even imagine the list of activities and whether a description could even be put forward in a court of law. If in infant is not allowed to receive his/her mother’s milk, who is the abuser if a third party prevents contact? Can the mother sue the abuser in a Texas court? It would seem like she should be able to.
If a person willingly enters into a sacred covenant to marry, obey and cherish a man who will care and provide for her for all eternity and then has sexual intercourse for the purpose of having a child, has she done anything wrong? Most people believe that marriage is ordained of God and yet Texas claims no authority from God to perform marriages. When a woman is married she is no longer a child regardless of her age. She should not be treated as a child. A young girl who is not married and has a child is still a child.
Instead of calling it abuse you should specifically name the activity and assure that the activity is legal or not. Name calling could be abuse but may be legal. Sexual intercourse with an unwilling partner is illegal and must be proved in a court of law to be punishable.
Without going through a list of activities of interest to the courts, we should go through the list of unlawfully detained individuals and determine their possible infraction of any law.
Since chastity is a must for living in the community. It is not likely that anyone, male or female, is having any sexual intercourse outside the bonds of marriage. The best evidence for chastity is the dress uniform, covering the body by 200 to 300 percent. Some couples married for many years have never seen each other naked, believe it or not. The likelihood of nudity should not even cross your mind with this group.
You can rule out all the males in the children group. They will not be fondled or stimulated or seduced in any way. The only reason to keep the boys would be if they show scars from being beaten. Texas, let the boys go home.
All the girls have worn pant like clothes under those long dresses all their life, since they were just a few years old.
Some people in our society would consider the absence of TV viewing to be a form of abuse. Well, folks, I use the V chip in my satellite system and I still cannot control the filthy things that come up on our TV. There are good things and bad things about TV and this group has made their choice. Who is to say they made a bad choice?
These people hold themselves to a high standard that most of the world do not even understand.
Instead of yelling abuse, name it and make sure it is provable. I predict that the unintended consequence of what is happening in Texas will precipitate the acceptance of polygamy and civil unions over the entire country. This will solve the problems of unregistered births and marriages. Things will eventually get better, or worse. (how profound)
Thank you for your comment, Leon.
1. I am using the word “abuse” not as a matter of subjective judgement, but in the sense that I have read about women and children being subjected to abuse in the legal sense of the word, I don’t take your appeal to semantics seriously.
2. Rather than relying on sensationalized news stories, I am relying on information from a blogger I’ve been reading for a long time, who discloses the sources of her information, who adheres to intellectually sound methods in her writing, and who has a lot of experience studying groups who share similary characteristics with FLDS.
3. Rape is abuse. Trading women like cattle is abuse. These are allegations that have been made by the authorities against men who exercised authority in this group. I agree that every individual involved should have their status determined by a court. That’s a cornerstone of due process. I think it’s pretty clear from the post that I’m all for some due process.
4. If you’re going to appeal to semantics on the word abuse, I hope you’ve got some supporting information at your blog to show where you got all the information you’re spewing here to support an argument that comes very near the category of legalistic rape apologies I’ve been hearing all my life.
5. Your comment about T.V. is specious because you aren’t even making an attempt to compare apples to apples.
6. Your prediction that this will mainstream polygamy is preposterous, though it could very well mainstream acquiescence, on First Amendment grounds, to separatist groups who hold themselves beyond the reach of our public laws, which applied to everyone (except the President and his cabinet) last time I checked.
7. The way you link polygamy with civil unions is pure sophistry, and this sophistry alone is grounds for a reasonable and informed person to dismiss your argument out of hand. I didn’t do that, because I’m all about some friendly conversation here, and I want you to understand why I object to your opinions on this matter.
Comment by Gene'O 22 April, 2008 @ 5:53 pmBismillaharRahmanirRahim
as-salaamu ‘alaikum. Gene’O, I don’t know about this statement,
This is a practice that has been done with both Jews and the uber-wealthy for years, so I’m not to sure if this can really be included in this argument, if in fact you are targeting polygamists or cults.
-Saifuddin
Comment by Saifuddin 22 April, 2008 @ 6:01 pmthis article is ridiculous and one of the most unthoughtout pieces i have read in weeks…did you actually stop to think at all before writing it?..
Comment by theseldomscene 22 April, 2008 @ 6:18 pmWhere do you get this ‘trading women like cattle’ charge from? I have been researching this situation hardcore and haven’t run across that charge before. Perhaps this is your term for Jeffs’ reassiging wives after he kicks their husbands out of the group which is abuse in itself.
I have to tell you that altho I see this group as a whole to be one coercive organism, I don’t see how you can constitutionally prosecute them as a group as is happening. The precedents being set are as troubling as Waco.
Comment by David Helson 22 April, 2008 @ 6:29 pmSaifuddin,
Thanks for your comment.
The fact that some wealthy people are able to evade the laws is a matter of power and privilege. I don’t like it. When I see it I try to point it out, because it is destructive, too. It’s a big reason our public policy is in shambles and we’re fighting an illegal war this very minute. But it’s not the same thing as permitting situations like the one I’m discussing in my post to be regarded as normal or simply ignored out of a misguided sense of individualism or by playing a game of “gotcha” with constitutional arguments.
If you’re going to include Jews in that statement, you really need to cite a specific case and explain why you think this behavior is determined by Jewish identity as opposed to other sociological factors. In the post above, I’m drawing some general conclusions from a specific case. You’re making a general statement about Jews without any support to back it up. So you expose yourself to charges of bigotry, whether you’re intending to make a bigoted statement or not. None of the Jewish people I’ve ever known have asserted, on religious grounds, that they are free to disregard our civil laws in the same way FLDS seems to be asserting that they are free to disregard them.
You haven’t persuaded me that I should abandon the statement you quote.
Comment by Gene'O 22 April, 2008 @ 6:31 pmDavid, that is a good question. I get it from two sources. One is a report that I read several days ago, which I can’t put my hands on right now, about women being given to men (like property).
The second source is the caption beneath the photo at the Orcinus post I link to:
FLDS founding patriarch Rulon Jeffs with his last two wives — sisters Edna and Mary Fischer — on their wedding day. He received the pair as a 90th birthday present.
I will agree that the caption alone is scant evidence, and now that I checked again, I do not know where this info comes from. Presumably from either Banner of Heaven or Secret Lives of the Saints. I am giving Sara the benefit of the doubt on her caption for the moment and looking to confirm this elsewhere.
So, for the moment I’ll say you caught me using some hyperbole. “Like cattle” is superfluous language and isn’t helpful with an issue like this that’s hot-button enough already. But there is a definite sense in which these women are owned in all of this. The fact that many are reared on the inside of this group and learn to accept it from an early age complicates the matter, but does not change the fact that it is wrong to own people.
Comment by Gene'O 22 April, 2008 @ 6:52 pmGeneral comment:
I expected a fair amount of ridicule and disagreement when I published this, but it is not “unthoughtout.” And, I’m having a good laugh about seeing that particular criticism as alloneword.
Comment by Gene'O 22 April, 2008 @ 6:54 pmAnd David, are they being prosecuted as a group? As I understand the situation, individuals have been charged with crimes, and a lot of people, FLDS members and authorities both, are caught in child protective services hell. Am I misunderstanding the situation?
Honest questions:
1. Have charges been filed against the organization itself, or have assets been frozen, etc.?
2. Have blanket charges against the whole group of adults been issued?
I don’t mean be dismissive of the Constitutional issues here, but I see the coercion in this case as rising to a level that necessitates some action on the part of the state. I am not ready to invoke Waco just yet. I certainly see how some Constitutional issues could be raised, but I am not convinced this is truly to that point. And I think it is important that groups like this NOT have their own judicial systems or their own therapists who are in the tank for the leaders and able to consign people to mental institutions for failing to abide by the standards of the group.
Comment by Gene'O 22 April, 2008 @ 7:09 pmer . . . I should have said “medical professionals” instead of therapists in that last comment.
Seems like the sort of discussion where precision is becoming more and more important with every word I write.
I would love to know why this touches such a nerve with people, but credible evidence that the President approved of his advisors choreographing torture in the situation room of the White House does not? I’m not being snarky here. I honestly wonder that.
Comment by Gene'O 22 April, 2008 @ 7:18 pmThey are all losing their kids over one prank call and less than ten pregnant girls of unknown aqe. I’d call that being prosecuted on the basis of some ‘collective guilt’ theory as far as I can tell. Next we’ll harvest Catholic children because their parents tend to make them trust priests? I bet we could find a prank caller to get the ball rolling.
Comment by David Helson 22 April, 2008 @ 7:22 pmDavid,
1. Has it been established beyond doubt that this was a prank call, or is this what FLDS officials are saying about it?
2. Are the children being taken away, or are custody hearings where facts can be established and evidence presented in the works?
I think your remark about “harvesting Catholic children” suffers from the same problem my “traded like cattle” comment that you were so quick to point out suffered from. Only, like, to the tenth power.
Comment by Gene'O 22 April, 2008 @ 7:36 pmLol…oh thiiis you want proven beyond all doubt. The Texas rangers participation in the arrest of Swinton along with the comments made by authorities make that pretty obvious.
You get the feeling that Texas has any intention of giving these kids back? This is heavy-handed hang’em high Texas we are talking about. Check out how severely Texas has cut back the budget for reuniting families. The fact that Texas raised the legal age for parental consent just specifically so they could nail this religion should tell you something.
Comment by David Helson 22 April, 2008 @ 8:04 pmLol right back, I guess.
Hey man, all I did was ask a couple of questions based on your previous comment. I thought you might have some info to share I wasn’t aware of.
Last I heard there was an investigation going on to determine whether the call was fake or not, and the woman Swinton made the other phone calls to in Arizona had serious doubts about her being the same caller.
I’ve lived in Texas. I know the law in Texas likes them some arrest and punishment. No need to patronize.
I have no clue what the intention of the authorities is in this specific case. I also haven’t said they’re doing a good job handling the case. It’s chaos! But, the sort of coercion that seems to go on in that sect (note: books have been written about it and people who have gotten out have stories to tell) makes me think it’s important for this to be sorted out. That means lawyers and hearings. Some of the lawyers representing the children are being very critical of the process, and they should be. But that doesn’t mean everyone simply says “no harm, no foul” and lets these people just go back to what they were doing without taking a closer look.
Sorry if that doesn’t satisfy you. Believe me, it takes a lot of restraint to approach this issue the way I’m approaching it. It would be much easier to just wave a First Amendment flag without thinking very much about the other issues — issues which I think are more important in this specific case. But easy isn’t always best.
I may change some of my opinions and may give the authorities a thorough criticism before this is done. But here’s an opinion that ain’t changing:
It is important that groups like this NOT have their own judicial systems or their own medical professionals who are in the tank for the leaders and able to consign people to mental institutions for failing to abide by the standards of the group.
When did Texas raise the age legal age of parental consent?
Comment by Gene'O 22 April, 2008 @ 8:50 pmThose “serious doubts” in my comment above seem to have been overplayed. I located a longer article than the one I’d read earlier that makes it clear those “serious doubts” are based on a quote taken out of context. So I’ll yield you that point on Swinton, for now.
A couple of thoughts:
1. If there’s no crime here, and the lawsuit is going to end up in the hundreds of millions of dollars.
2. It’s not at all clear that there is no crime here, and there are lots of documented facts that suggest there are some crimes.
3. If the warrant is invalid, but there are crimes, it’s going to suck in a lot of different ways.
4. This interstate organization and these parallel institutions are very disconcerting, and I stand by what I say about the dangers of allowing them to persist. The problem is not the religious beliefs, per se. The problem is having cops and judges that return women against their wills, and doctors who commit them if they don’t behave.
Comment by Gene'O 22 April, 2008 @ 10:04 pmI’ve read several blogs now, including yours. Every blog that supports the action taken by the authorities and judge says in essence the same things.
1) this is not about religon
which is backed up by “well look at the abuse, every knows/says their being abused.
Comment by bitterbarn 22 April, 2008 @ 10:29 pmhere is your quote.
“That said, there is a mountain of evidence already that this group has engaged in practices which meet our accepted legal definitions of child abuse and human trafficking. They’ve set up institutions to facilitate this behavior across state lines and international borders.”
you’ve used the same rational the Texas state attorney general is using. and yet neither you nor he has sited any??
I like you style of writing. I wish in this case you had been more informed rather than emotional.
humor me and pretend this is about religion. then what. say this happened in the bible belt (it did) which notoriously hates Mormons. Say this happened in a country that just ousted a presidential candidate for the same reason.
just sayin
Where is Al Sharton now?
Comment by bitterbarn 22 April, 2008 @ 10:32 pmWhere is the ACLU now?
I’m sympathetic to your point, bitterbarn.
But I can also play the reverse card, if we want to make it about religion. What if this were about Islamic Americans asserting the right to enforce an extreme form of Sharia Law? Would all these people who are saying this is first and foremost about the oppression of a not-mainstream religion still be saying that? If we want to make it about religion, and we’re humoring one another and pretending, there are lots of ways to go.
Not that I don’t see what you’re getting at. I’m hoping to wade off into the religious questions soon. But, I see the First Amendment issue as the easy out on this. 13 and 14 year-old girls who are raised in isolation and subjected to arranged marriages to men who three times their age have human rights, too.
I honestly do believe that the way these people have set up this system place themselves outside the law and to prevent women from leaving should they choose to do so is a legitimate rule of law issue. I honestly believe that’s the most important point. Without the rule of law, we got no civil liberties, anyway. We already have an executive branch that’s placed itself above the law, which is what I normally write about. We don’t need separatist groups with their own court systems as well. That’s the issue for me. This is one piece of a larger pattern of disintegration.
Sorry you thought my post here was too emotional. Your point about needing to be better-informed is well taken. I wish I’d made a better case here, myself. I gave into the pressure to keep the blog fresh, and hadn’t written a long piece here in a while. This one obviously wasn’t ready for publication, but I believe that if I had the amount of time to work on this that I would spend on a graduate-level research paper, I could make this case.
And as I said earlier, due process is very important to me. If the warrant used here is invalid, or if there are misdeeds on the part of the authorities, I’ll be the first to say that there should be some serious consequences for that.
Thanks for your very constructive criticism.
Comment by Gene'O 22 April, 2008 @ 10:49 pmbitterbarn,
Re:
Where is Al Sharton now?
Where is the ACLU now?
You have to go and ask them. I speak only for myself here.
Comment by Gene'O 22 April, 2008 @ 10:56 pmAnd I’ll add: Keep in mind that the ACLU has more on its plate than it can handle all the time. I’d hesitate to label them hypocrites considering that it seems all these people who are caught up in this chaos have representation, and they have issues like torture and spying to deal with.
Not that it isn’t a valid question. Having dealt with the ACLU in the past, I’ll advise you further:
Go ask the Texas Chapter of the ACLU. It would be their perogative to address this case or not. That’s what the national chapter would tell you if you contacted them. They would also ask whether or not you’d checked to see if anyone actually requested ACLU involvement.
Comment by Gene'O 22 April, 2008 @ 11:02 pmAnd one last comment: I have not, at any point, said that these people should not be allowed to practice their religion. Nor have I said that the First Amendment isn’t an issue at all. The main points I though I was making here are:
Comment by Gene'O 22 April, 2008 @ 11:18 pm1. criminal behavior should be dealt with appropriately.
2. an appropriate level of regulation to prevent further crimes is needed.
3. I object to making the First Amendment issue the first issue, or the only issue, because there are at least two more important ones: a)This network of institutions that crosses state and international borders and is used in some places to commit women who “misbehave,” to mental institutions, along with the logical consequences of allowing it to persist; and b)The abuse of women and children, which is well-documented in books and by people who have escaped.
And the reason I haven’t said that they should not be allowed to practice their religion is because I am at the moment dealing with the fact that as soon as I engage the religious elements of this equation, these people’s right to free exercise is going to collide with some human rights that children have that I, personally, view as non-negotiable in any circumstances. That’s going to be tough to deal with. I’ll tell you, I wish I’d skipped this post and just gone straight to that one instead, even though I think most of what I’ve said here is sound and will bear scrutiny; and even though I think what I’m trying to say here needs to be said. Maybe the other commenters here have enjoyed it (I hope so!), but for me, it’s been counterproductive, because I provided too much material here that people can quote without saying much about the actual point I’m trying to make. That’s my problem as the writer. It’s not the readers’ problem.
This could go on for days with no more progress than I’ve already made here if some people wanted it to. That’s a lot of time spent not reading and not writing. The trade off between discussion and writing is probably the sickest part of blogging to me. Both are important, but I’m not one of those people who can do both at once. And the tone of this post is all wrong. This is definitely first draft material.
Still, thanks to all for visiting and commenting. I hope you stop back by and read more of my work.
Comment by Gene'O 22 April, 2008 @ 11:36 pmBTW the ACLU has gotten involved expressing concern about the handling.
I suggest the following links that really flesh out just what was going on in there. I still think the right solution involves tight monitoring and reuniting th families but some tim to decompress, naturally deprogram just by getting a few weeks off is going to do more good than I at first thot.
Really harrowing accounts…
http://www.ourfuture.org/blog-entry/how-dangerous-flds
http://video.google.com/videoplay?docid=4463445477069807965&q=flds&ei=jjAOSL7bEoqm4QKCx725BA&hl=en
Comment by David Helson 23 April, 2008 @ 3:44 pmLaws changed specifically to target this group:
”
Rep. Harvey Hilderbran, R-Kerrville, the sponsor of the legislation, says his bill gave authorities the legal basis to enter the compound. He argues that the girl whose outcry of abuse resulted in the raid may not have qualified as a victim under previous statutes. Before 2005, Texas law allowed girls as young as 14 to marry with the permission of their parents.
“We know based on some of the cases — the main case — the girl is 16 now, but we know that she wasn’t 16 when she was impregnated,” Hilderbran said. “This is a good policy change that led to intervention by the state.”
Hilderbran’s law upgraded the penalties for polygamy from misdemeanor to felony and raised the minimum age that minors with parents’ permission can marry from 14 to 16.”
- from comment at Volokh Conspiracy
Comment by David Helson 23 April, 2008 @ 7:41 pmThanks, David. That info is a big help, and I will check it out.
Comment by Gene'O 23 April, 2008 @ 8:30 pmI have kind of lumped this whole thing into a bowl of anti-mormonism, which btw is alive and well (see Mit Romney). Many don’t know this but in 1830 it became came a law to execute mormons which was barley stopped in 1976. I think they had a town of fundamental baptists (notorious ani-enemy religion), I can sense even as I write it; these things can’t even be said without subjective scrutiny. “mormon nut jobs” I can hear it in my mind.. lol
Comment by bitterbarn 23 April, 2008 @ 8:48 pmclarificaton. the law was in missouri inacted by govoner Boggs.
Comment by bitterbarn 23 April, 2008 @ 8:49 pmDavid -
Good the ACLU is involved. I went way over the top on this. I should have made the point that I though the decision to intervene was the appropriate decision, if the authorities thought the call was genuine at the time. I should have made it in more moderate language, and then I should have devoted more attention to how this case is being conducted. Just because intervention is needed doesn’t mean it’s being handled the right way.
What set me off was my perception (right or wrong) of a lot of people who have enabled the near-complete shredding of the Constitution over the past seven years with their votes and their silence suddenly becoming constitutional scholars and drowning out other issues, now that they have a free exercise case to yell and scream about. Hypocrisy in matters as serious as this one — especially when the lives of young people or the Constitution are involved — is one of those things that drives me over the edge. I felt the need to be forceful, but I proceeded too hastily.
The irony, and the very important lesson about how easy it was for me to reverse roles with those people is not lost on me, and I am taking it to heart. It’s not a new lesson, but it’s one I obviously needed to be reminded of. I can’t remember the last time I came down on the side of the authorities the way I did in my original post here. This may be the first time ever. I wasn’t aware of just how much latitude I was allowing them, which is also odd. I don’t usually post without a more thorough examination of what I’m saying. That’s life with no editor, though. Live, learn, etc.
Either the political climate in this country, or the my own state of mind, (or both) has reached the point where it’s nearly impossible to trust the good faith of anyone I don’t have an established relationship with. That goes double for people who comment here and leave a link that turns out to be a blog with the word “Conservative” displayed prominently at the top. The phrase “fear and loathing” applies here.
Your suggestion toward a solution seems reasonable in its basic elements, and provided appropriate monitoring, I would not have a problem with it.
Having said all that, I think there is a significant risk here of basically acquiescing to the line of reasoning that a person can claim religious freedom and do pretty much anything, provided they do it behind a wall on private property. I’ve been thinking that for a while as I’ve tried to keep tabs on this and watched the way it’s being covered and the things that are being said all-around.
And I hope that once this issue gets mostly sorted out,and no longer in the news, the people who are so concerned about this will keep a close eye on the way some people with unpopular religious beliefs (or non-beliefs) are treated in this country from here on out. Especially groups which are not Christian. I understand the situation in Texas is pressing and involves a huge number of people. It ought to be very carefully scrutinized and the authorities ought to be held to a high standard. It is Texas, after all. Just saying: If religious freedom is something a person really worries about, they ought to be paying attention to some other things that have been going on, too.
And I’m not backing off on my basic opinion that FLDS in particular needs to be more closely regulated than they are now. There must be a better way to balance their liberties against the public good than the one we’ve had for the past few decades.
RE: Your comment about the legal change. I found the date and sponsor in a news report earlier today, but the background info is very helpful.
Comment by Gene'O 23 April, 2008 @ 9:06 pmNow that I’m on a more even keel here, I need to address a comment from bitterbarn from above:
”
This “country” did not just reject Mitt Romney. Republican voters did. Republican voters are not “this country,” and I cannot allow that comment to stand unaddressed on my blog.
I understand that there is a lot of anti-Mormon sentiment in the South. There’s a lot of it in other parts of the country as well. But I think Republican voters rejecting Mitt Romney had a lot more to do with the three-way race and the smart money being on McCain pretty early on. The Republican establishment basically made this calculation: Was Mitt’s stolid, executive demeanor, or McCain’s “mavericky independence” a better bet against the Dems? They went with McCain because he could make a credible appeal to low-information independents and Democratic centrists who are amenable to appeals on social issues. Plus there’s his military “credibility,” which they hope will help them maintain their longstanding monopoly on defense issues in the public discourse.
Huckabee was a wild card. I’m not taking up for him. My personal opinion of him is that he’s pretty vile. But, Southern Evangelicals voting for an evangelical minister, in and of itself, is not sufficient to prove identity politics. I think there was plenty of identity politics in the Republican primary, but it takes more than shared religious principles to show that it existed. White men vote for white male candidates all the time, and no one ever accuses them of identity politics for doing so.
Signed,
Me
Comment by Gene'O 23 April, 2008 @ 9:29 pmbitterbarn, in reference to your last comment:
Thanks for letting me know about that law and it’s very late repeal. I had no idea. I have no doubt that anti-Mormon sentiment is pretty high in Texas. But I would caution you not to assume that every case worker, lawyer, and policeman involved on the side of the state is virulently anti-Mormon. That’s just as bad as assuming that all FLDS members are crazy. There are legitimate law enforcement concerns with this group, and some of these authorities may be making a sincere effort to do what’s right in a situation that presents many tough choices. The bottom line is that if you have a problem with stereotyping groups, it’s important that you do not stereotype any group. The rest of your comment intrigues me enough to explore further.
1. Are you aware that the Church of Jesus Christ of Latter Day Saints has disavowed all affiliation with FLDS?
2. Since you’ve mentioned fundamentalist baptists, I’d like to talk about fundamentalism a bit more. I try to do some occasional writing here as a Christian against fundamentalism, so fundies in general are something I pay a fair amount of attention to. I think it’s interesting that you direct a negative comment toward Baptist fundamentalism. I think it’s legitimate to do so, if I understand your point. But, I wonder what you think about the fact that FLDS is also a fundamentalist group. I understand why you might think it important to look out for FLDS members in this specific case. But, what do you say about FLDS’ half-century history of the sort of misogyny that makes Baptist fundamentalist attitudes toward women look progressive by comparison? What do you say about their economic exploitation of their members and their child labor practices?
Comment by Gene'O 23 April, 2008 @ 10:00 pmI am gonna give you the point on ‘trading women like cattle’ [even if it wasn't originally your phrase]. It seems that since the leader could assign and reassign women and could demand outrageous tithing levels knowing that the men would climb all over each other to be one of the lucky mionority who actually got wives, then it’s fair to say they were being traded like cattle.
It’s probable that the reason they were pushing young marriage was to get them married off before they formed crushes on boys their own age.
They were the coin of the realm. Consensually, to the extent the brainwashed can be.
Comment by David Helson 24 April, 2008 @ 9:18 amagreed, abhorance toward fundametalism must be bilateral. I do know the mainstream LDS church has denounced these guys. Do we know they trade wives like cattle? and for that matter. Don’t the at the club do the same thing with women?
I wonder; if these women had nose rings, trampstamps and dressed like hookers. Would we find this dysfedelity so offensive.
I just put an epidural in a girl who is 16, she is having her fourth baby by the fourth father. When I placed the epidural and saw a big ole tatoo acrossed her back I wondered. If only the FLDS ladies had something like this.
I am probably the one who needed this wake up call. I felt nothing for the girls IMUS offended. of course that didn’t envovle anytype of legal sanctions (as I recall) And if they are breaking a law and its not just somthing we read in a novel or heard about they should be prosecuted. We all agree on that. I actually Agree with you tottaly in your new post post enlightenment. I have been reminded that injustice is rampant, constitution shredding is real; don’t know why I never cared like this before.
the bull
Comment by bitterbarn 24 April, 2008 @ 5:30 pmPuzzle pieces
I would like to tie a few seemingly disparate items together with this.
Item #1
Currently Germany is just cruhing homeschoolers with every heavy-handed tool the government has, fines, property seizures, putting kids in mental institutions, freezing bank acounts, the whole nine yards. The excuse? We can’t have parallel cultures. Gotta make sure we have universal government indoctination.
This approach isn’t universal in the EU yet but with the problms they have with Islamism over there you have to expect it to become so.
Item #2
Bush put in place a scotus judge whose specialty is integrating USA law with international law and the guy leapfrogs into the chief justice chair instantaneously.
Item #3
Parallel culture #2 being crushed.
Comment by David Helson 24 April, 2008 @ 9:11 pm