I applaud this ruling. It’s obscene for the state to interfere so cavalierly into private family matters. Here are the lead paragraphs from the New York Times report on the ruling:
A Texas state court of appeals ruled Thursday afternoon that the state of Texas had no right to seize more than 400 children from a polygamist ranch in Eldorado, in the western part of the state, because there was not sufficient proof that they were in immediate danger.
The ruling asserted that the state’s child protection agency acted hastily in removing the children from the Yearning for Zion ranch
in April and did not make a reasonable effort “to ascertain if some
measure short of removal and/or separation from parents would have
eliminated the risk” of abuse toward the children of 48 mothers who
filed the suit. The district court was ordered to remove its
restraining order giving the state custody of those children, but it
was not immediately clear how the hundreds of other children, now in
foster care, would be affected.



Podcast RSS Feed
Full EconTalk Text





{ 30 comments }
I was thinking the same thing even though I was conflicted about whether or not the alledged perversion occuring there necessitated the state's involvement. And then someone that I trust told me that every one of those families that live on the compound are on the government's dole.
I don't know if this is true or not but the way it was conveyed to me, this sounded more than just plausible…it also caused me to lose my sympathies [though still conflicted because state power grabs are never a good thing; perhaps I'm too emotional in this instance because I disdain freeloaders].
It's sad that in child cases that there is a presumption of guilt with only an accusation. Proof and evidence are just quaint ideas for simple minded fools.
I also found it outrageous at the presumption that the children would only need to be separated from the men, while the mothers were not separated. The anti-male bias that surrounds child abuse cases is disgusting. If there was abuse going on, wouldn't the adult women be just as responsible, or are adult women victims of adult men?
Agreed, especially considering the original phone call turned out to be bogus.
Quote from LowCountryJoe: "… And then someone that I trust told me that every one of those families that live on the compound are on the government's dole."
Should the government start making sweeps through various low income neighborhoods in countless cities taking the children away from other mothers living on welfare? Or is it only acceptable to kidnap children if they happen to be living in large groups in compounds with religious names?
State welfare is one problem and state infringement of liberty is another.
If they are practicing polygamy, then by definition the children are in an unsafe situation. The more you find out about this group the harder it is to give them the benefit of the doubt.
These cults exist for the singular purpose of providing children for old men to rape.
Sometimes societies have to act collectively to stamp out this kind of evil.
I'm very disappointed that Prof. Boudreaux trivializes child rape as an "internal family matter".
Keith,
I think the existence of state welfare, if it indeed does exist, is important. Would the compound have even been possible without some sort of subsidization?
Typical economic and libertarian theory suggests that free markets would minimize compounds like that, because gains from trade expose people to different cultures. If the members of the compound had be forced to deal with outsiders to survive, could their little micro-culture have been sustainable?
Does anyone know if welfare was present, or how the inhabitants paid for food and whatnot?
It has always been true that there is a boundary between families — and if a predator crosses that boundary to accost the child of another family, that has always been viewed as an assault. Likewise, it has always been true that the collective families afford special rights to those predators who grow their own victims. Right or wrong, that is autonomy.
The alternative is to assume that the child belongs to the State, and that the parent raising a child is acting as an agent of the State.
The middle ground is that the State can challenge the parents rights as a means of defending the minors rights.
The court simply ruled that if the State wants to take this final position, it should follow due process.
Yup. Pretty much par for the course. Fathers are no more trustworthy than strangers in their eyes.
Provide evidence for this heinous accusation or shut up. You may have noticed nobody has been charged or arrested.
See the Amish for a counterexample.
David Friedman was the only one pointing this stuff out for a long time. Tim Sandefur, "libertarian", is upset by the verdict.
I know this sect isn't 'mainstream Mormon', but if they're anything like mainstream LDS, they have been preached to rely on oneself, and on one's church.
I'm sure they exist, but I've never met a Mormon who accepted welfare.
LOL Brotio,
Your Mormon circle is obviously very small.
The Mormon church itself has an elaborate and formalized welfare system that in many cases supplants the government one, and in many cases augments the government one.
I lived in Tooele, Utah for ten years. That is where I had my flooring company, and I can testify that the percentage of Mormons on welfare is equal to the percentage anywhere else in the world, possibly even equal to Detroit.
Should the government start making sweeps through various low income neighborhoods in countless cities taking the children away from other mothers living on welfare? Or is it only acceptable to kidnap children if they happen to be living in large groups in compounds with religious names?
Keith,
I do not condone government power grabbing; perhaps I was not clear. I simply stated that I lost my sympathies for the group…assuming that they really are on the dole. It is an emotional flaw on my part. A barrier that I cannot get beyond in an instance such as this one. Throw in what I think I know of the controlling nature of their own little society, how it's governed, the perversion, and the dubious nature of that particular voluntary lifestyle (if it indeed remains a volunatary arangement for many), and it's just too much.
"Would the compound have even been possible without some sort of subsidization?"
Who knows? We don't know if it was "subsidized". Would it change your opinion if it wasn't?
"If the members of the compound had be forced to deal with outsiders to survive, could their little micro-culture have been sustainable?"
Since they were being sustained before the state moved in, I would assume they were sustainable, at least until they were destroyed by force.
Bob:
Read any of the many personal reports of people who were raised in these compounds and managed to escape. I understand that you have a human tendency to defend your peer group, but there have to be limits to tribalist loyalty.
As a libertarian there is a very short list of things I want the government to do. Stopping dirty old men from raping children is high on that list.
This is one of those cases where the unthinking, unblinking adherence to rigid principles makes libertarians look crazy in the eyes of the public.
From what I've read about the compound, it was not based on government assistance but rather built from lot of donations from some rich sympathizers. The ranch itself was mostly self-sufficient. They more or less ran off any boys that were there, because young boys were competition for the old men wanting to take the young girls as "wives".
This is a tough case. The goings-on at the ranch were obviously (at least to me, having read a lot in the local (Houston) papers about the situation) wrong. However, that doesn't justify the government side-stepping due process.
On a side note, about the Mormon "welfare" system mentioned above: if it was described accurately, and there is an LDS-administered "welfare" system, I'm 100% in favor of it. There's nothing wrong with charity, so long as I'm not *forced* to contribute myself. Members of the LDS church are giving freely.
Dave, et. al.,
Just a quick note on the Mormon welfare system.
It does exist. It is generally more practical than the government administered one because a great deal of the welfare in gifting of actual goods, food stuffs and wearing apparel, along with some cash subsidy. And, yes it is a good thing and comes from the titheing that is rigorously enforced by the Mormon church. Not requested, but enforced, demanded, and even coerced unto the death bed (anecdotal evidence).
However that makes it possible for the same "welfare" recipients to turn around and apply for the cash welfare system of the government because the foodstuffs aren't showing up on the recipients bottom line.
"Provide evidence for this heinous accusation or shut up. You may have noticed nobody has been charged or arrested."
Google "Warren Jeffs" and see what you find.
Quote from Bartman: "As a libertarian there is a very short list of things I want the government to do. Stopping dirty old men from raping children is high on that list."
Of course since nobody has been charged with any crime, then that's obviously what was happening. I don't know why society doesn't just rid itself of men altogether.
The court was right in ruling directly on the merits of this case. We'll see in the long run how it plays out. We all know that the government shouldn't fooling around with a kid's best interest-that is always best left to the parent(s) or legal guardian. However, the whole deal is pretty creepy. Even our libertarian sensibilities have to be offended by 40 year old guys with 3 14 year old wives and a house full of kids (and he's in the bedroom banging one of the unlucky 14 year olds-that's at least mildy disturbing and maybe damaging to a small child).
Keith:
If you are actually denying that, on these polygamist compounds, old men routinely have sex with 13 year old girls, some of whom are their own grand-daughters, then you exhibit powers of self-delusion that I cannot fathom. Perhaps you actually beleive that a 13 year-old girl who has never seen the outside world is capable of giving informed consent.
Or is it that you simply wish to become one of the lucky few dirty old men? I mean, who wouldn't want a fresh piece of jailbait every couple of years, right?
"Agreed, especially considering the original phone call turned out to be bogus."
I am not current with American Law, but if that is proven true, wouldn't it vitiate all subsequent procedures?
While I usually like Don's posts, I strongly disagree with this one.
Is this applause unconditional? Would have the state had any justification in intervening if they knew with certainty that underage girls were abused, forced to have children or to marry close relatives? To assume that the state has no right to interfere when a crime is happening, provided that this is a "private family matter", is quite unreasonable. This is not quite the case of Russ' pediatrician…
The court didn't strike down the actions of Texas' administration on the grounds of intruding into private family matters. Although it is proved beyond doubt that crimes occurred in *some* cases, there were no sufficient grounds to assume that crimes had been committed in *all* cases.
It seems that certainly some preversions accured at this compound and the State should intervene, however, to take all children from their parents, just because of an association with the perpretrators, is an over-reaction. The State has tremendous power and should use it judiciously. I have no problem with them intervening decisively, but only take children from their parents on a case by case basis.
Vidyohs,
Thanks for the info. My circle of Mormon acquaintances isn't large, but those I've met have been pretty conservative and pretty adamant that they'll take care of their own because that was the church's responsibility.
I don't have many Left-leaning friends, and my Mormon friends share the same disdain for government welfare as I do. Again, I admit, my sample is limited.
Arcanus –
Google "Warren Jeffs" and see what you find.
That's the exact "guilt through association" that the court found so objectionable. Warren Jeffs hasn't been seen in Texas for three years, and has been in custody for two.
I'm not at all sympathetic to FLDS, but I am sympathetic to victims of an overzealous state agency. Apply your guilt-by-association standards to the Catholic church and you can have that argument for real.
Whenever I see these stories a phrase pops into my head, I either heard it once subconsciously and claim it as my own, or really did coin it:
Intentions were bountiful,
intelligence was bankrupt.
Polygamy as a means is not intended for the ends which is usually sited in these cases(child rape), it is an unintended consequence. We are familiar with unintended consequences, they always stem from authoritative decisions without proper analysis or evidence, very much like any religion including this group. The argument could be posed as previously suggested, to the Catholic institution, any institution that harbors child molesters should have its head removed(pope)from power and its practices scrutinized, but this is not the case, the pope remains and the masses flock to their parish. The data,however doesn't suggest a crisis, in the year 2007 there were 691 accusations of molestation, 80% of the priests accused are either dead or have left the priesthood, this leaves five remaining accused out of appx. 40k.(according to Bill Donohue:President, Catholic League for Religious and Civil Rights)
What are the numbers on polygamist leaders? I would hate to make assumptions, I could wrongly think all polygamists were child rapists in the same way I could wrongly think all Catholic priests to be molesters.
Gappy,
I am against slavery in any form. Let's put that upfront and first. Using another person for one's own benefit is slavery be it force marriage or work in the fields. But:
"To assume that the state has no right to interfere when a crime is happening, provided that this is a "private family matter", is quite unreasonable."
Posted by: gappy | May 23, 2008 1:47:39 PM
Let's look at the reverse of that.
To assume that the state has a right to interfere when a crime has not been proven is quite reasonable…..would you not agree with me that if there is no proven crime then the state has no reason or "right" to interfere in what may be actual consenting conduct?
People are crazy, they do stupid things and believe in strange and different ways, in my own personal judgment…..but that judgement is mine and unique to me…..and I recognize that other's stupidity while puzzeling is not necessarily a crime.
Cults, ain't no way I'd ever join one. But, needy people who see fullfilment in a particualr cult's dogma may feel different.
Let's all wait and see if actual crimes have been committed instead of kneejerk reacting to government propaganda.
Remember the sequence at Waco, 1993, first charge against the Branch Davidians was selling illegal weapons; then when that didn't prove out, they charged that the Branch Davidian were makeing Meth and selling it; when that didn't work out, the last resort to justify killing all of them was that they were abusing children.
At least this time the feds didn't present themselves upfront and center row in this travesty of "law". And, they went straight to "abusing children" as justification for the raid and subsequent actions.
"abusing children" guaranteed to get the average guy's blood to boiling……but wait wait wait until it is proved up before boiling the blood, please.
Quote from Bartman: "If you are actually denying that, on these polygamist compounds, old men routinely have sex with 13 year old girls, some of whom are their own grand-daughters, then you exhibit powers of self-delusion that I cannot fathom. Perhaps you actually beleive that a 13 year-old girl who has never seen the outside world is capable of giving informed consent.
Or is it that you simply wish to become one of the lucky few dirty old men? I mean, who wouldn't want a fresh piece of jailbait every couple of years, right?"
You don't by chance work for the government of Texas, do you? When you can come with any substantiation for any of your allegations, let me know. The great state of Texas can't, but apparently that is irrelevant to you.
You hear the words "polygamy" and "compound" and "13 year old girl" and apparently all you can think of is throw them all in jail and to hell with details like probable cause and evidence.
And since I think things like probable cause and evidence are a little bit important, then obviously I'm just another monster waiting for my turn with a little girl.
Your rhetoric has simply devastated me.
Quote from Wayne Pruner: "It seems that certainly some preversions accured at this compound and the State should intervene, however, to take all children from their parents, just because of an association with the perpretrators, is an over-reaction. The State has tremendous power and should use it judiciously. I have no problem with them intervening decisively, but only take children from their parents on a case by case basis."
How did you conclude that there were perversions? What's your definition of perversion?
So you want decisiveness, but not this much decisiveness? How else would you expect tremendous power to be used?