BishopAccountability.org
	Authorities Had to Act against FLDS Daily Herald April 13, 2008 http://www.heraldextra.com/content/view/262383/3/ Araid on a polygamist compound in west Texas has raised in the minds of some observers the question of whether the rights of the members of the Fundamentalist Church of Jesus Christ of Latter Day Saints were infringed -- namely their First Amendment right of freedom of speech and association, and their Fourth Amendment right to be free of unreasonable search and seizure in criminal cases. But a broad look at the event suggests that authorities, facing a deeply disturbing and virtually unprecedented situation, acted in good faith to protect children. According to news reports and court documents, the raid on the FLDS compound was prompted by furtive phone calls from a 16-year-old girl at the Yearning for Zion Ranch who said she had been beaten by her spiritual husband. He was married to her when she was 15. Authorities said that girls of 13 and 14 had been conditioned to engage in sex with adult men, and police said some of the underage girls at the ranch appeared to be pregnant. Headlines and news articles told of allegations that adult FLDS men had sex with underage brides in the sect's limestone temple. The prospect of such systematic abuse of children is horrifying. That has to be kept in mind in evaluating recent events. Society, long naive about such crimes, has grown more aware. Citizens have definite rights, but children also have a right to be protected from abuse. Texas officials felt compelled to act, and they can't be blamed for that. For at least four years, law enforcement agencies had suspicions about activities at the compound but had no legal ground to act. The phone calls provided it. They also had a choice to make, and they decided they had to investigate in order to properly protect the children of members. It's hard to see how they could have done otherwise. Think of the uproar if they ignored the calls and abuse was uncovered later. The 1,700-acre site was searched thoroughly. Texas authorities took 416 children from the compound; 139 women voluntarily went with them, which no doubt reduced the psychological damage to the children that would naturally be caused by a separation from all they know. Was the scope of the search warranted? The Fourth Amendment forbids unreasonable searches and seizures -- with the emphasis on unreasonable. What is reasonable is not a single standard, but must vary with each case. This case is highly unusual, and must be considered on its own terms. This group is well-organized and secretive, and there were reports that adults were coaching children not to cooperate. Even after the raid, authorities said, some children were unwilling or unable to name their parents. All in all, it is plain that no ordinary investigation could have worked, and that only a broad search of the compound and its records would get to the root of the matter. What might be reasonable in ordinary cases would be utterly inadequate in this one. A First Amendment claim has also been raised. But the protection of religious practice is no shield against crime. Clergy and members of other religious groups have been arrested, prosecuted and convicted, and that may now be repeated. It's already started with the arrest and conviction of the sect's leader, Warren Jeffs. The Texas compound was raided not because of religious beliefs but because of allegations that had nothing to do with any tolerable religion. Religion ends where child sexual abuse begins. Steps have been taken all along the way to stick to legal procedures. A Texas judge granted two requests for search warrants, and a federal warrant was obtained. A special master has overseen much of the search, deciding which objects are properly the subject of the probe and which are private or religious in nature. The group and its leaders are represented by a team of attorneys, and have been energetically contesting the search, as is their right. A hearing this week will help clarify the status of the children. The legal process will bring more information to light and it will be easier to reach final judgements. But it appears to us that the actions of Texas authorities were absolutely reasonable.
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