Friday, May 30, 2008

Texas Surpreme Court Endorses Pedophilia


Make no mistake about this ruling. The Texas Supreme Court on Thursday has officially approved having sex with pre-teen and underage girls.

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Texas Supreme Court: Return FLDS children to parents



Updated: 6:17 PM- SAN ANGELO, Texas - The Texas Supreme Court on Friday ruled that the state must return some 130 children taken into state custody following an early April raid on a polygamous sect's West Texas ranch

However, the decision likely will affect about 320 other children from the ranch who now are living in foster homes and shelters throughout the state, attorneys for their parents said.

By a six-to-three majority, the justices decided that a district court judge improperly removed the children, like their parents members of The Fundamentalist Church of Jesus Christ of Latter Day Saints.

The ruling was met with jubilation by parents and attorneys representing the families. Maggie Jessop, whose children are in state custody in two cities, said she had waited anxiously for such an outcome.

"I just feel very thankful that the Supreme Court would have a righteous decision," said Jessop, who moved from the ranch to San Angelo midway between her daughter's and son's shelters in San Antonio and Amarrillo.

Marleigh Meisner, a spokeswoman for the state Department of Families and Protective Services, which had asked the court to rule in its favor, said the agency was "disappointed but we understand and respect the court's decision and will take immediate steps to comply. Child Protective Services has one purpose in this case - to protect the children.

"Our goal is to reunite families whenever we can do so, and make sure the children will be safe," Meisner said. "We will continue to prepare for the prompt and orderly reunification of these children with their families."

The high court, which released its decision at 4 p.m. Central time, found that 51st District Judge Barbara Walther had ruled improperly to take the children into state custody and upheld a subsequent decision by the Third Court of Appeals that the children should be returned.

In its brief opinion, the court said "we are not inclined to disturb the Court of Appeals' decision. On the record before us, removal of the children was not warranted."

Kevin Dietz of Texas RioGrande Legal Aid said he would work with the courts and Child Protective Services, a division of DFPS, to do what's in the best interest of the children. "Right now, that means reuniting these families," he said.

DFPS had argued the appellate decision left it unable to guard the children's safety from what it had deemed imminent danger of sexual and physical abuse due to the FLDS practice of polygamy. The state contended that the FLDS condoned marriages of underage girls to men and groomed its boys to continue the practice.

In early April, Walther authorized the raid and subsequently ruled the children would remain in state custody.

The state Supreme Court, however, found that Texas' family code gives the district court broad authority to protect children short of separating them from their parents and placing them in foster care or shelters. For example, the lower court could have issued a restraining order barring the children from being taken out of state or ordering the removal of any perpetrators from their homes, the justices said.

That said, CPS still can work with the parents when the children are in their care to insure their safety and well-being.

The high court said Walther must vacate her temporary custody order, but she can grant other steps to protect the children.

"While there are other important fundamental issues in the case regarding parent rights, it is premature of us to discuss those issues," the justices added.

Immediately after the ruling, Texas RioGrande Legal Aid send an e-mail with this headline: "Supreme Court to CPS: send these children home."

Said Dietz: "It's great to see that the court system is working in the interest of justice. These mothers have never given up their fight to bring their families back together."

Dan Barlow, a former mayor of Colorado City, Ariz., and a father of four children in state custody in Abilene, said, "I hope it will all work. I'm thankful and I want those children back with their mothers. It is the right thing to do.

http://www.sltrib.com/news/ci_9417661?source=rss
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The rationale for this decision is beyond contempt. Under Texas state law, and just about every other state law, pre-teen children cannot consent to have sex. This is because most of them have yet to reach the age of puberty to be sufficiently aware of their sexuality. Moreover, at such a tender age, they are easily manipulatable, particularly by parents and trusted religious leaders. By definition, having sex with pre-teen girls is rape. Many of the underage girls married on this compound were between the ages of 12-13, and of course a marriage is not consummated under the law until there is sexual contact between the spouses. There could be no other reason why a middle age man wants to marry a 12 year old girl.

Now, there may be those apologists who would say that most of the underage girls were yet to be married and most were not married by 12 or 13. That does not matter. The FLDS compound is a communal living arrangement (differentiating it from individual housing arrangements in which habits, behaviors, and actions are unknown without further evidence). What this means is that if you put your child in an environment in which you know sexual abuse of other children is taking place (especially in a communal living arrangement where the behavior is known), do not try to stop it, or prevent your children from living in such an environment, you are legally culpable and liable for prosecution. This is the law not only of Texas but in every state in this country (as most every state retains similar laws on child sex abuse and abusive environments).

The marrying of underage girls was not some secret known only to Warren Jeffs. It was an open doctrine of the FLDS. Indeed, this group believes it as a matter of faith to marry underage girls to older men. In a communal living environment, this makes every parent of this criminal enterprise liable for prosecution, as well as those older men who married the underage girls.

What the Texas Supreme Court has declared is that this is not a problem. In fact, knowing the group's faith doctrine openly equates "religious freedom" with marriage and sex with pre-teen girls, the Texas Supreme Court is in the process of sending back almost 400 children to a sexually abusive environment, and all of this under the perverse guise of doing "what is the best interests of the children," which the court is "reuiniting the families," even if they think marrying off their 12-13 year old daughters to 50 year old first cousins is the will of God.

This is the same Texas Supreme Court that sees nothing wrong with limiting appeals on death penalty cases, to make it easier to execute people. This is the same Texas Supreme Court who rules that it is OK if your state-provided attorney in a murder case is so incompetent that he cannot keep himself from staying awake during trial. This is the same Texas Supreme Court who has previously refused to step in on cases in which wrongly convicted people were able to prove their innocence with DNA. None of that is of any consequence to them. But if you want to have sex with 12 year olds under the guise of the Christian religion, well, it is time to reunite the families. I think one could make a good argument that by willingly sending these children back into a sexually abusive environment, the members of the Texas Supreme Court have violated the state's own laws prohibiting such acts and should be forced to register as sex offenders.

BTW, just in case you are wondering, here is the pertinent information of those members of the Texas Supreme Court, who see nothing wrong with having sex with little girls. I am sure they would love to hear from you.

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Pro-Pedophile Texas Supreme Court Justices

Wallace Jefferson
David Medina
Scott Brister
Dale Wainwright
Nathan Hecht

Paul Green


Supreme Court Building
201 West 14th
Room 104
Austin, Texas 78701
Telephone: (512) 463-1312

Fax: (512) 463-1365

http://www.supreme.courts.state.tx.us/
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