quote:Authorities said Monday they have taken legal custody of 401 children who lived on an isolated West Texas polygamist retreat built by imprisoned "prophet" Warren Jeffs.
The children are being kept at a temporary shelter at a historic fort in nearby San Angelo while authorities investigate whether a child bride gave birth on the ranch at age 15.
The children in state custody are joined at the shelter by 133 women, most of them mothers, who were taken during the past few days from the sprawling Yearning for Zion ranch, said Marleigh Meisner, a spokeswoman for the state's Child Protective Services agency.
The women are free to return to the 1,900-acre compound, officials said, but many have chosen to remain at the temporary shelter. At this point, officials said, the children's fathers are not permitted to see them.
Having been a part of Hatrack for several years now, it always pains me to see stories like this, as the inevitable flood of 'Mormons are sexual deviant nutjobs' comments make me sad.
Still, I'm glad the cops got there. It sounds like most of the women don't want to go back.
Edit: for thread clarity, the title of this thread was formerly "Authorities remove children from Fundamental LDS Compound."
Edit again: okay, we cool now?
[ April 07, 2008, 06:33 PM: Message edited by: erosomniac ]
Posted by mr_porteiro_head (Member # 4644) on :
The title of this thread is inaccurate. It should say FLDS not LDS.
Posted by erosomniac (Member # 6834) on :
What does the F stand for?
Posted by mr_porteiro_head (Member # 4644) on :
Good point. It stands for Fundamentalist, which is in your title.
I still don't like to see LDS by itself in the title, but my "correction" was misplaced. Sorry.
Posted by scifibum (Member # 7625) on :
Fundamental, although I see it's already in the title.
These are not the "mormons" as most people would define that group.
I'm interested in hearing more about the legal justifications for the huge scale of the action taken by TX authorities here. I'd not be sad to see the sect broken up and most of the men in jail, but only if done through due process and actual crimes proven. I'm a bit taken aback that ALL the children in that compound were taken into state custody.
Posted by mr_porteiro_head (Member # 4644) on :
I think that the term "Mormon" applies to these folks much more than the acronym "LDS", which refers to a specific organization, one which these people don't belong to.
Posted by Elizabeth (Member # 5218) on :
Porter, it sounds like it is a trigger point for you anyway. I am trying to think if I would even key into FLDS. I don't think I would. I understand Fundamentalist LDS, but I wonder how many other people would? I also wonder how many people would even recognize LDS, as opposed to Mormon. I know I would not have, before joining this forum. I kind of thought I had some kind of point there. I don't, really, except to say that words, and even single letters, can have so much power.
Posted by Elizabeth (Member # 5218) on :
(My post was in response to your first post, Porter.)
Posted by ElJay (Member # 6358) on :
quote:It sounds like most of the women don't want to go back.
It could also be that they want to stay with their children until everything's straightened out. I mean, the police didn't say they could take their kids back with them, and I think most mothers, if given a choice between going home and leaving their kids behind in police custody or staying with their kids to comfort them and make sure they're not mistreated would choose to stay with their kids.
You could also be right, of course, but I think we need to acknowledge the other possibility.
Posted by erosomniac (Member # 6834) on :
quote:Originally posted by scifibum: These are not the "mormons" as most people would define that group.
Actually, I think these are exactly the "mormons" as most people would define that group, which is a problem.
mph, I didn't mean to step on any toes, which is why I deliberately included the Fundamentalist part, and I didn't know if FLDS was a recognizable or accurate abbreviation. Is there a way I could edit the title that you'd be more okay with?
Posted by ketchupqueen (Member # 6877) on :
I don't mind FLDS-- it's the name of their church. That's how they refer to themselves. I DO object to "Fundamentalist Mormon", which I have seen sometimes, because so many people identify our church as "Mormons", and to my mind, these people are NOT Mormons, they REJECT some of the fundamental principles of our church. Fundamentalist LDS makes me uncomfortable for kind of the same reason but I won't object to it outright, since it's a legitimate abbreviation of the name of their church.
Posted by erosomniac (Member # 6834) on :
quote:Originally posted by ElJay:
quote:It sounds like most of the women don't want to go back.
It could also be that they want to stay with their children until everything's straightened out. I mean, the police didn't say they could take their kids back with them, and I think most mothers, if given a choice between going home and leaving their kids behind in police custody or staying with their kids to comfort them and make sure they're not mistreated would choose to stay with their kids.
You could also be right, of course, but I think we need to acknowledge the other possibility.
You're right, I hadn't made that connection.
Posted by mr_porteiro_head (Member # 4644) on :
quote:mph, I didn't mean to step on any toes, which is why I deliberately included the Fundamentalist part, and I didn't know if FLDS was a recognizable or accurate abbreviation. Is there a way I could edit the title that you'd be more okay with?
The term FLDS is used on the web page you linked to.
Posted by MattP (Member # 10495) on :
I don't think any permutation is going to be acceptable to all. Former church president Hinckley famously stated "There is no such thing as a Mormon fundamentalist", and the church objects to any groups other than theirs being referred to as either "Mormon" or "LDS".
Jeffs' church refers to itself as "Fundamentalist Church of Jesus Christ of Latter Day Saints" or "FLDS".
Posted by ketchupqueen (Member # 6877) on :
Which is why FLDS is most acceptable to me-- it's what they call themselves and not directly associated with our church (as long as there's no space between the "F" and the "LDS.")
Posted by erosomniac (Member # 6834) on :
New title edit, hopefully divorcing it from the Church of LDS and focusing on the fact that 400 children were freed from polygamist nutjobs.
Posted by MattP (Member # 10495) on :
Um... I think the current title "Fundamental Polygamist" is misleading. "Fundamentalist" by itself indicates a certain branch of Christianity that is unrelated to LDS theology. FLDS would be better. Just "polygamist" by itself would also be OK.
Posted by erosomniac (Member # 6834) on :
The title isn't Fundamentalist Polygamist.
Yeah, forget it. I don't know why I bother.
Posted by ketchupqueen (Member # 6877) on :
Of note, I also don't think polygamy is the problem-- I think the nutjob part and the coercion and forced underage marriages (aka, rapes) and incest are what is wrong in this situation.
I actually don't have a problem with polygamy among consenting adults, except that it is, to my mind, forbidden by God at this particular point in time. But if it wasn't I wouldn't be opposed, again, among consenting adults only.
Posted by advice for robots (Member # 2544) on :
So far, this thread is going much better than the discussion accompanying the article, at least the one I read in the Washington Post.
Posted by mr_porteiro_head (Member # 4644) on :
Thanks for trying. I appreciate it.
Posted by kmbboots (Member # 8576) on :
You know, in theory I don't have a problem with polygamy. In practice*, though, it usually ends up being a way for creepy old guys to legitimize raping young girls.
*in the United States.
Posted by MattP (Member # 10495) on :
I wasn't trying to be a pain. You'd indicated that you were altering the title to be more clear, so I offered some suggestions to help with that task. I wasn't aware you were near a point of frustration or I would have kept it to myself.
Posted by ketchupqueen (Member # 6877) on :
eros, I'd either just say "polygamist cult" or "FLDS" or "FLDS polygamists" or just "polygamist nutjobs." If it were me.
Thanks for trying.
Posted by erosomniac (Member # 6834) on :
quote:Originally posted by MattP: I wasn't trying to be a pain. You'd indicated that you were altering the title to be more clear, so I offered some suggestions to help with that task. I wasn't aware you were near a point of frustration.
I'm over it, I was just momentarily very frustrated because both you and mph misread the thread title (it said "Fundamental Polygamist," not "Fundamentalist Polygamist").
kqueen, I theoretically don't have a problem with polygamy, either - but as kmb mentioned, it's got kind of a negative rep. I do know several polyamorous people and have encountered many others, and it's almost universally been an older couple that 'adopts' in a young girl into the relationship, with the exception of the porn star triad that I was hearing about on an HBO special.
Not that I watch those.
Posted by ketchupqueen (Member # 6877) on :
Oh, I'm not saying it always or even usually works. But if everyone consents, as an adult I think it should probably be their own rope to hang on if it doesn't work, not society's. There was an interesting show on TLC a while back, "My husband's three wives" or something (they weren't all legally married-- but polyamorous, for sure) and the problem didn't seem to be the polygamy-- it was the husband's selfish and uncontrolled behavior. (He first got married, then got another woman pregnant while married. They all decided for the sake of the child the best thing was to bring the second woman into the family. And that family setup actually really worked for them-- until he decided he wanted another woman brought in. That, the first two balked at. She ended up leaving. Again, I think ALL parties have to be consenting for it to ever work.)
Posted by ketchupqueen (Member # 6877) on :
(I think the main reasons they didn't like her was she disrupted household routines instead of trying to fit into them and refused to help with the chores/running of the household.)
Posted by erosomniac (Member # 6834) on :
So, really - the same reasons a monogamous relationship would't work.
I agree that it definitely needs to be something both parties are equally interested in and committed to.
Posted by MattP (Member # 10495) on :
The only polygamist family I've got any sort of relationship to is Tom Green's. When he was in jail his family (wives and children) lived close to me and we had some mutual friends.
He did "marry" one of them at 13, though the others were substantially older. He was tried for child rape for the 13-year-old, though she refused to testify and she is now his legal wife. Overall, not nearly as dysfunctional as many of the polygamist groups we hear about and they all seemed to be very happy about their family situation and looked forward to their husband's release from jail.
Posted by ketchupqueen (Member # 6877) on :
quote:Originally posted by erosomniac: So, really - the same reasons a monogamous relationship would't work.
Pretty much! Poor woman didn't stand a chance, though. She not only had the husband's routine to work into, but also two other women and three or four kids, and she just did not seem the type who was able to just see what was needed and pitch in-- she had to have everything spelled out, and even then didn't always "get it."
Posted by Glenn Arnold (Member # 3192) on :
quote:Originally posted by scifibum: These are not the "mormons" as most people would define that group.
Actually, I think these are exactly the "mormons" as most people would define that group, which is a problem.
ersomniac, I agree with you. Whenever someone in the real-world mentions that Mormons practice polygamy, I try to tell them that the LDS church strictly prohibits polygamy, and has for a long time now. And I am never believed. Sadly, I never have internet access when this comes up, so I can't show them any proof.
From my experience, this is a stereotype that still exists strongly in the world. To the point where I have had a very difficult time convincing friends and family members. I find it very frustrating, and I'm not even Mormon.
Posted by ketchupqueen (Member # 6877) on :
Sooo... The authorities are now saying that all 401 children show "sufficient evidence of abuse and neglect" that they are going to be placed in foster care. But the foster care system was overtaxed to begin with, and there is no place to put them. I have to say I sure hope most of these kids are only going to be in state custody until their mothers can be helped to find work and homes and they can be returned. Because it is sounding more and more like the state doesn't have the resources to care for them, and the mothers still want to.
Posted by scifibum (Member # 7625) on :
I flat out don't believe that the state could determine with any level of certainty or fairness that 401 children need to be put into foster care in a matter of a couple of days. I think we're seeing evidence of prejudice. It troubles me to see this happening, even though I think the state is probably *right* I don't think it's using due process.
Posted by ClaudiaTherese (Member # 923) on :
When one child is deemed likely to have been or of considerable risk to be significantly abused, often the other children in that specific home environment are considered at risk and removed as well. Given the size and intermingling of many families on this particular site, it wouldn't take many children to have been deemed abused to justify removing so many other children until their safety could be established. ***
Not addressing ketchupqueen's critical concern, of course, but as a note as to why so many might be justifiably removed so quickly.
---
Edited to add:
*** This is the standard widespread practice to ensure safety in likely very volatile situations which cannot be resolved quickly without high likelihood of error, and it has been deemed by courts across the country to be both prudent consistent with due process.
Of course, this does mean that children -not- being abused are removed, whether at risk or not. However, it also saves lives and health while buying time to figure out exactly what is going on.
Posted by ketchupqueen (Member # 6877) on :
The original number deemed abused or neglected was 18. I can see how they could decide that since they were all living in the same "home environement" they are all at risk. But I am a bit on edge here. So far the mothers who have left are being allowed to stay with the children, and are basically being treated as victims as well. I hope that as many as want support to leave the group are able to get support, help, and training in how to live outside their group (one of my main problems with this group is the lack of education, especially for girls; it's one thing if you're Amish and not expected to make a decision to join the group until you are an adult and have had a chance to see what a different lifestyle is like, but being forced into marriage at 14 without being told there is any other reasonable option is not okay.)
Posted by Mucus (Member # 9735) on :
quote:Originally posted by DevilDreamt: Whenever someone in the real-world mentions that Mormons practice polygamy, I try to tell them that the LDS church strictly prohibits polygamy, and has for a long time now. And I am never believed. Sadly, I never have internet access when this comes up, so I can't show them any proof. ...
As a partial response to this, I must admit, between Porter's posts and the article, it seems to me that the "take-away" message I'm getting (don't shoot the messenger), for better or for worse, is that LDS and FLDS are just two different subsets of "Mormons" in the Venn diagram of Mormonism if you will. Also, the LDS group, specifically their president, rejects any other groups as being Mormons, in a similar way that certain Christian groups reject Mormons as being Christian.
So I guess my point is that, if you're trying to convince people that Mormons do not practice polygamy, this thread might not necessarily be the best place to start, because its not necessarily clearing up my level of confusion
Posted by ClaudiaTherese (Member # 923) on :
I share your concerns, ketchupqueen. I would also be surprised if it were even possible for local authorities to act without at least some prejudgment -- such cases are so highly publicized and so polarizing that prejudice would seem unavoidable. I think it's just human nature, whether that prejudgment ends up being accurate or misleading in the end.
Posted by ketchupqueen (Member # 6877) on :
I agree. And honestly I think I am prejudiced, too, but I do believe that it is not a healthy environment for those kids. Now, do they have legal grounds to remove most of them? I don't know. I do know that I am aching for those mothers, because whatever the circumstances of their marriages and families I am sure most of them have tried to care for their children to the best of their ability and probably done the best possible job they could, given the circumstances, and now they are at risk to be separated from their children. As a mother my heart breaks for them. And that's why I hope for a quick and happy end to this dilemma-- even though I'm reasonably sure it is not forthcoming.
The state has said they want to try to keep sibling groups together, but that can be close to impossible with 3 or 4 kids, much less larger families. And add in that children with the same father but different mothers may have been raised in the same home and consider themselves siblings, but are not necessarily so considered by the state, I see a lot of heartbreak in their future. Again, I'm not saying it's better to send them back, necessarily-- but it's a rough spot to be in.
Posted by ketchupqueen (Member # 6877) on :
Oh, and then there are my concerns with the TX foster care system to begin with. *sigh*
Posted by James Tiberius Kirk (Member # 2832) on :
I was just reading about Waco the other day. Glad this didn't turn out the same way.
--j_k
Posted by The Rabbit (Member # 671) on :
quote:I flat out don't believe that the state could determine with any level of certainty or fairness that 401 children need to be put into foster care in a matter of a couple of days. I think we're seeing evidence of prejudice. It troubles me to see this happening, even though I think the state is probably *right* I don't think it's using due process.
Due process for removing children from familes (at least in most states) is quite strict. When children are removed from a home in an emergency situation (like this), the act is subject to judicial review usually with in 48 hours or less. In this situation, given the number of children involved it would not surprise me if that time table was stretch. But I don't think the time table itself is evidence that due process isn't being used. I'd be very interested over the next few days to see if the proper judicial reviews are done and the outcome of those reviews.
Despite all the complaining about the state removing children from homes without cause, I think there is far more evidence that the state is too likely to leave children in homes even when there is strong evidence of abuse and neglect.
So many people have an anecdote about a distant friend or relative who had their child taken unjustly. I'm quite skeptical of these stories for several reasons. How many parents would admit they were abusing their child rather than claim unfair treatment? Its easy for most people to believe that a faceless government organization made a big mistake than to believe that their friend or relative was abusing a child.
In the one case I'm familiar with, the whole neighborhood was up in arms over how this baby was taken from her mother. But once I learned the details of the injury the mother claimed was "an accident", I was quite relieved that the child was taken away from her. After a few weeks, the baby was given over to the care of the grandmother with the stipulation that the mother not be left alone with the baby. The mother was required to undergo therapy and training and eventually the child was returned to her care with close over sight from family services.
I consider it an example of the system working and I am told that it is typical of cases where children are put in foster care. In most cases, the goal is to return children to live with their parents.
In this case, the state has a big incentive to return these children to their mothers because of the burden they will put on the foster care system. I think its much more likely that these children will be returned to abusive mothers who can't care from them than that the state will keep them in foster care long after their mothers could have provided them adequate loving homes.
[ April 07, 2008, 09:14 PM: Message edited by: The Rabbit ]
Posted by ketchupqueen (Member # 6877) on :
Again, I don't think it's wrong that they were taken, and I'm glad the mothers are being allowed to stay with them for now.
I do wonder how the already overtaxed TX social services system is going to handle this adequately. Especially as these mothers need a kind of support they are not accustomed to having to provide. I'm hoping the communities and local church groups and such will step in and possibly "sponsor" whole families-- perhaps being able to give emergency housing to mothers and children together.
Posted by MattP (Member # 10495) on :
quote:As a partial response to this, I must admit, between Porter's posts and the article, it seems to me that the "take-away" message I'm getting (don't shoot the messenger), for better or for worse, is that LDS and FLDS are just two different subsets of "Mormons" in the Venn diagram of Mormonism if you will. Also, the LDS group, specifically their president, rejects any other groups as being Mormons, in a similar way that certain Christian groups reject Mormons as being Christian.
This a fair assessment of the true situation. The "official" Mormon church doesn't recognize the other groups, but they do come from the same roots and they each have their own justification for why their own group is the valid modern incarnation of the church founded by Joseph Smith. The LDS church based in Salt Lake City is merely the largest (by far) of the extant religious groups of that lineage.
Posted by Samprimary (Member # 8561) on :
"Fundamentalist Mormons" is a fair description of the FLDS.
Even though they have about as much to do with the LDS as the Phelps church has to do with the Baptists.
Posted by ketchupqueen (Member # 6877) on :
See, I think that fundamentalist Mormons are members of the Church of Jesus Christ of Latter-day Saints, and people who are not cannot be said to be fundamentalist Mormons. But I've explained that on the last thread.
Posted by MattP (Member # 10495) on :
But the LDS church says "there is no such thing as a fundamentalist Mormon" so how can that be?
Posted by Samprimary (Member # 8561) on :
The LDS also says that anyone who's not part of the LDS cannot be called a Mormon.
Of course, the FLDS says the exact same thing.
So, nobody's a Mormon.
Or anyone who follows that whole Book of Mormon thing is.
Or whatever.
Posted by MattP (Member # 10495) on :
Ultimately, the categorization of these churches is beyond the authority of the LDS church. They can call themselves whatever they want, and state their opinions on how others should be categorized, but in the end the people that belong to those other churches, as well as outsiders who belong to none of these churches, have a say in what these words mean.
Posted by ketchupqueen (Member # 6877) on :
We had this whole argument before, I really don't want to type it up again... Anyone who wants can go see my previous thoughts on the subject in the other thread.
Posted by Occasional (Member # 5860) on :
First, what other thread is everyone talking about? Second, I find it disturbing that they were taken away in Baptist busses in the state of TX. That is like the LDS Church participating in the deportation of a minority religious group in the state of UT. Too close for my comfort to church and state mixing in police matters.
By the way, is there anyone who is representing this group in legal matters? Maybe not to the majority religious nutjobs, but for me the ACLU would greatly improve my perception of them if they stepped in to side with the polygamists; at the least as legal council to make sure the state isn't abusing the rights of the believers. This rounding them up like so much cattle is disturbing. The extent of democracy and freedom isn't measured with how we treat those we agree with, but those we don't.
Posted by pooka (Member # 5003) on :
There is a large community of ex-polygamists who will probably be forthcoming with support for the mothers - those who wish to make a transition. Keep in mind a lot of them might have come along to protect the children from the authorities and not necessarily to flee. I could be wrong, but it's a possibility.
quote:Also, the LDS group, specifically their president, rejects any other groups as being Mormons, in a similar way that certain Christian groups reject Mormons as being Christian.
I'll grant this is a pretty reasonable position. But for Mormons in the church who accept Hinckley's authority, I'd say he's right to clarify that "fundamentalists" are not part of the church he leads. You have to understand he was speaking to an audience that has been emerging an awareness about fundamentalist Islam over several years. The use of fundamentalist is not correlary at all to the LDS church.
Posted by kmbboots (Member # 8576) on :
Occasional, the state wasn't rounding up people for being polygamists; they were rescuing children from a place where they were possibly being abused. I don't think that even the ACLU would consider statutory rape a civil liberty.
Posted by Dagonee (Member # 5818) on :
quote:Second, I find it disturbing that they were taken away in Baptist busses in the state of TX.
They used school buses, too. Unexpectedly having to bus 400 kids and 100+ adults is going to require the use of private resources in most places.
quote:By the way, is there anyone who is representing this group in legal matters? Maybe not to the majority religious nutjobs, but for me the ACLU would greatly improve my perception of them if they stepped in to side with the polygamists; at the least as legal council to make sure the state isn't abusing the rights of the believers.
I suspect the group and the fathers will have legal counsel at the court hearings. I wouldn't be surprised if the ACLU is involved somehow. Those charged criminally will definitely have them, although appointed counsel in Texas can be kind of iffy.
quote:I don't think that even the ACLU would consider statutory rape a civil liberty.
I'm sure they wouldn't. However, the ACLU defends lots of people whose actions they don't support.
Posted by pooka (Member # 5003) on :
Most of my perception of the ACLU is that they get a lot of money from Big Tobacco. And I don't think them defending polygamists would be a plus of any kind in my book. But I'm a bit less tolerant of polygamists than the average Mormon, it seems.
Posted by Occasional (Member # 5860) on :
I strongly disagree kmbboots. They can use excuses all they want and it seems to be working. But, all I see is an entire religious community abused by the state at least as much as the accusations of abuse by the believers. You better have a whole lot more public evidence than a phone call before rounding up an entire group of people.
Oh well, the United States is not a very religiously tolerant place to live anyway. Never has been. I shouldn't be surprised by this at all.
Posted by Dagonee (Member # 5818) on :
quote:I strongly disagree kmbboots. They can use excuses all they want and it seems to be working.
Do you have evidence that forced marriage of teenagers isn't occurring? Because there's substantial documentary evidence that it does happen. There is a specific allegation that it happened here. There is additional information that has not been released yet.
quote:You better have a whole lot more public evidence than a phone call before rounding up an entire group of people.
Like 401 affidavits? They've been investigating since last week. It's not like they got the phone call and put everyone on a bus immediately. They have gotten search warrants.
Oh, and you can put your concerns about legal representation to rest:
quote:Attorneys for the church and church leaders filed motions asking a judge to quash the search on constitutional grounds, saying state authorities didn't have enough evidence and that the warrants were too broad. A hearing on their motion was scheduled for Wednesday in San Angelo.
This is the same protection you or I would get, although few of us would have the time to file against a warrant before the search was complete.
Posted by Occasional (Member # 5860) on :
quote:Then you should upgrade your perception now: "The American Civil Liberties Union of Utah told the paper that it plans to back the group's challenge to Utah's bigamy law."
Well, good for them. I still don't like the ACLU, but at least this is one instance I can support them. I really like the quote:
quote:"Living arrangements are really the most intimate kinds of decisions people make," said ACLU of Utah Legal Director Stephen Clark. "Talking to Utah's polygamists is like talking to gays and lesbians who really want the right to live their lives, and not live in fear because of whom they love. So certainly that kind of privacy expectation is something the ACLU is committed to protecting."
Its about time someone from the ACLU understood this logic.
Posted by Dagonee (Member # 5818) on :
quote:Its about time someone from the ACLU understood this logic.
What do you mean by "about time"? Are you aware of the ACLU's long history of supporting free exercise of religion, especially for people who belong to smaller religious groups?
Posted by Occasional (Member # 5860) on :
What I mean is that every arugment for gay and lesbian freedom of marriage has been counter argued it would allow for poligamy as legally recognized. That counter has always been countered by the ssm groups it is NOT the same thing. This is the first time I have ever known ssm supporters say it is the same thing.
By the way, when and how did we decide morally and legally the age of marriage? And by "we" who can that be defining?
Posted by Dagonee (Member # 5818) on :
Yeah, but the article I linked is from 1999.
Posted by Occasional (Member # 5860) on :
Wow, if it has been 1999 then something tells me it was more a symbolic rather than practical statement of support.
Posted by dkw (Member # 3264) on :
quote:Originally posted by Occasional: By the way, when and how did we decide morally and legally the age of marriage? And by "we" who can that be defining?
For me, the fact that several of these girls have said they were forced to marry is more relevant than the age they were at the time. Although the age certainly contributes, as I imagine it would be harder for a 13 or 14 year old to resist (or just leave) than for an 18 or 19 year old. But whatever "we" decide the legal age of marriage is, forcing an unwilling person into one is wrong.
Posted by kmbboots (Member # 8576) on :
I am trying to make a distinction between polygamy among consenting adults - which I believe should be a private issue, and sexual relations with minors - which is where I believe that the state should intervene. Sadly, the latter seems to be how most polygamous situations play out in this country.
edit to add: harder to prove lack of consent, though, unless the adult is willing to admit to being forced. In which case it is rape rather than statutory rape.
Posted by Dagonee (Member # 5818) on :
quote:Wow, if it has been 1999 then something tells me it was more a symbolic rather than practical statement of support.
There support goes back to 1989, actually.
Posted by kmbboots (Member # 8576) on :
Also, Occasional, I want to be very sure I understand you. Are you suggesting that society should not determine a legal age of consent?
Posted by pooka (Member # 5003) on :
quote:Oh well, the United States is not a very religiously tolerant place to live anyway. Never has been. I shouldn't be surprised by this at all.
:snort: Dude, you're off your rocker.
P.S. Is there intolerance in America? Sure, that's because there are people in America. But I can't think of a place where there is more tolerance.
Posted by Mucus (Member # 9735) on :
I can Although I don't think Occasional would be too happy with it either.
Posted by Occasional (Member # 5860) on :
"Are you suggesting that society should not determine a legal age of consent?"
I think that what has determined the age of consent (particularly about marriage) is currently too arbitrary or undefined. By all accounts, it comes down to when you graduate from High School - although "age 18" is something that is used because it is more consistant. The law also indicates age 21 for drinking, although I am at a loss as to why for that one as well. Don't get me wrong, I have an idea of the arguments for those ages. It's just that I don't think they are very good reasons.
Where would you say Mucus? I guess with my U.S. comment I was saying that it might be "the most tolerant place on earth," but that doesn't mean it is tolerant enough.
Posted by mr_porteiro_head (Member # 4644) on :
I understand why you don't like an arbitrary cutoff like that, but I can't think of anything better than an arbitrary age.
Posted by Jon Boy (Member # 4284) on :
quote:Originally posted by Occasional: Wow, if it has been 1999 then something tells me it was more a symbolic rather than practical statement of support.
The glass is always half empty, eh?
Posted by Occasional (Member # 5860) on :
How about a more thoughtful reasoning than "can't think of a better way" for the decision. Perhaps there should be more thought about history, cultural, and nature. My personal belief is that 16 (with consent of both parties) is a more traditional and natural cut off date.
Jon Boy, life is always half-emty. I will accept that as an accurate perception of my views.
Posted by kmbboots (Member # 8576) on :
So, Occasional, would you consider 13 or 14 old enough? Where would you draw the line at when a person is old enough to consent to sexual relations?
edit - cross posted.
Posted by Occasional (Member # 5860) on :
I don't know if you posted before or after my comment kmbboots, but I indicated 16.
Posted by mr_porteiro_head (Member # 4644) on :
quote:How about a more thoughtful reasoning than "can't think of a better way" for the decision. Perhaps there should be more thought about history, cultural, and nature.
You are mistaken in thinking that I have not put a lot of thought into this topic. Just because I haven't taken the time to elaborate my reasoning to you doesn't mean that it doesn't exist.
Also, I was only talking about the arbitrariness of having a single age restriction which applies to all people. After all, the 16th birthday is just as arbitrary as the 18th birthday.
Posted by camus (Member # 8052) on :
quote:Originally posted by Occasional: My personal belief is that 16 (with consent of both parties) is a more traditional and natural cut off date.
I'm not so sure that consent can adequately be given by a 16 year old.
Traditional is really not any different than, "can't think of a better way."
I think "natural" is pretty vague and arbitrary as well.
Posted by The Rabbit (Member # 671) on :
quote:P.S. Is there intolerance in America? Sure, that's because there are people in America. But I can't think of a place where there is more tolerance.
There is more tolerance here in Trinidad and Tobago. In the 2000 census the population was 26% catholic, 22.4% Hindu, 7.8% Anglican, 6.8% Pentecostal, 5.8 % Muslim, 5.4% Spiritual Baptists, 4% Seventh Day Adventists, 3.3% Presbyterian plus numerous smaller Christian denominations, Jews, Rastafarians, Buddhists and Bahai's.
Within walking distance of my home is a Hindu Temple, a Mosque, a Catholic church, a Baptist church, a seventh day adventist church, and an LDS meeting house. The major holidays of the major religions are all public holidays including Easter, Diwali, Eid-ui-Fitr and Baptist Liberation day. People of all religions join in celebration with their neighbors for the holidays. In my classes I have students who wear head scarves, those with a bindi marking on their forehead, those wearing crosses and those in rasta colors and dread locks.
Although there are only 1.3 million people in the country, the religious diversity is both more evident than in the US and more accepted.
Posted by erosomniac (Member # 6834) on :
I think if we're going for arbitrary, 18 is a much better cutoff, since the odds of a person having gone through puberty are better at 18 than 16 (I could think of at least 10 people in my class of ~470 in high school that didn't have secondary sex characteristics at 16, but none by the time we graduated).
Posted by kmbboots (Member # 8576) on :
Why 16? If we are going natural and traditional, how about as soon as a girl reaches menarche? Or for a boy, as soon as he is able?
Posted by pooka (Member # 5003) on :
I was going to guess Holland as being more tolerant, but I guess I've always associated Holland with the Dutch Reform Church, though now that I think about it, I'm not sure if the Dutch Reform Church was actually in Holland or formed in South Africa.
Well, I haven't been to wikipedia yet today.
Ick, the google ad a second ago appeared to be for Asian mail order brides.
Posted by Occasional (Member # 5860) on :
camus, I agree with you. The age of 16 is pretty vague and my reasoning as well. It was an attempt to include all of my listed considerations together. As for "natural" that isn't *as* vague. My own personal never happen and equally self-revolting idea is that age of marriage can be when the body can have a child. I am perfectly aware that can be age 9 or 10 in some rare cases.
As for "I'm not so sure that consent can adequately be given by a 16 year old," I assume you are talking about maturity of decision making. Considering the kinds of "mature" choices adults make, that argument is a little less believable, but understandable.
Posted by Occasional (Member # 5860) on :
erosomniac, how about if two people before the age of 18 have to have a medical examination to determine physical preparation for marriage? Or, how about we have 18 as the predominat cut-off date, but leave open the legal ability for lower ages besides minors for minors that already exists? It used to be, and might in some places, legal to marry a minor with parental consent.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by Occasional: Where would you say Mucus? I guess with my U.S. comment I was saying that it might be "the most tolerant place on earth," but that doesn't mean it is tolerant enough.
I was thinking Canada, maybe Australia. Rabbit pointed out one good place too. Speaking for Canada, I know that I certainly feel more comfortable as an atheist in Canada rather than the US, whether it be in the political arena or the legal arena. I also have Middle Eastern friends that are definitely not big fans of travelling to the States when required to for their jobs. (In fact, personally, I think government policy is a little too politically correct/tolerant in some cases, but thats slightly different)
Things aren't perfect, but on the whole I think we have a slightly better balance.
Posted by Occasional (Member # 5860) on :
I had a feeling it was Canada, but some of the laws that have been put into place in Canada seem to offset some of the more tolerant aspects of its laws. For instance, I would feel less comfortable as a conservative Christian in Canada than I do in the United States. I could be fined or go to jail for speaking my "intolerant" mind.
Posted by Slim (Member # 2334) on :
As far as semantics go, read the Style Guide from the LDS Newsroom. The last bullet point says that the Associated Press Stylebook says "Mormon" only applies to The Church of Jesus Christ of Latter-Day Saints, and not to any break-off groups.
Anyway, as far as the article goes, I'm glad that they are taking care of the problem, but I am also a little concerned. What's to stop the SWAT team from breaking into one of our temples if they thought someone was being held there against his/her will?
I guess it helps that we don't live in our temples.
Posted by dkw (Member # 3264) on :
If there were credible evidence that the LDS church was holding people in temples against their will I hope the SWAT team would break in. Or other appropriate athorities.
A group's right to control their own private space ends at kidnapping, whether there are religious reasons for the privacy or not.
Posted by kmbboots (Member # 8576) on :
Probable cause? The need for a warrant?
Occasional, I might suggest that "intolerant" might be the wrong word here. For example, you would tolerate rather more sexual behavior toward and with adolescent girls than I would. Perhaps "differently tolerant"?
Posted by The Rabbit (Member # 671) on :
quote:Anyway, as far as the article goes, I'm glad that they are taking care of the problem, but I am also a little concerned. What's to stop the SWAT team from breaking into one of our temples if they thought someone was being held there against his/her will?
I certainly hope that if there was credible evidence that people were being held against their will in the temple or (more to the point) that children were being sexually molested in the temple that SWAT teams would break in.
Posted by Occasional (Member # 5860) on :
kmbboots, I am not talking about my toleration of younger women (and men) getting married when talking about Canada. (P.S., there is a difference between blatant sexual acts and the act of marriage in my toleration). There are actual laws on the books in Canada that if you publish negatives about particular groups or religions (and not just doing acts against them) that will get you a fine or jail time.
Posted by Mucus (Member # 9735) on :
Occasional: Has that ever actually happened? I can think of one case, a case that is still in progress where a conservative author criticised Muslims, but that case is still unresolved.
I'm not a big fan of the hate crime laws in Canada (thats specifically what I was referring too when I said that Canada is too politically correct) but I do not think that they've *actually* done all that much.
On the other hand, I can think of more than a few specific laws and policies in the US that *do* affect large numbers of people.
Thats what I meant when I said "balance", part of that is weighing the amounts of potential harm against actual harm.
Posted by kmbboots (Member # 8576) on :
What would be the difference between blatant sexual acts and the act of marriage? Are you talking about marriages that aren't consumated? Clearly that is not what was happening in Texas if the reports of 14 and 15 year old girls having babies was true.
Would this be okay with you if it had nothing to do with religion? A high school teacher having relations with a student, for example.
Posted by Occasional (Member # 5860) on :
The difference is what is done in marriage and what is done out of marriage. If a school teacher and a student wanted to get married, I would still be ok with it. It would be ethically problematic.
Posted by Dagonee (Member # 5818) on :
quote:On the other hand, I can think of more than a few specific laws and policies in the US that *do* affect large numbers of people.
What laws are there that affect a large number of people because of their religion?
Posted by Mucus (Member # 9735) on :
I never restricted my remarks (in either country) to laws that affect people due to *their* religion.
Posted by Dagonee (Member # 5818) on :
Then can you explain what you meant? The context of the discussion was tolerance of religion.
Posted by Xavier (Member # 405) on :
quote:What I mean is that every arugment for gay and lesbian freedom of marriage has been counter argued it would allow for poligamy as legally recognized. That counter has always been countered by the ssm groups it is NOT the same thing. This is the first time I have ever known ssm supporters say it is the same thing.
I support same sex marriage and polygamy rights both. I think a lot of the arguments in favor of same sex marriage apply to polygamy. However, most of the arguments against polygamy that I've heard do not apply to same sex marriage. That's perhaps why proponents of same sex marriage don't like the issues being linked in a debate.
Posted by lem (Member # 6914) on :
quote: Former church president Hinckley famously stated "There is no such thing as a Mormon fundamentalist",
Tell that to a Mormon Fundamentalist.
Hinckley did a great job at making the perception of Mormonism, specifically the Church of Jesus Christ of Latter Day Saints, more mainstream.
The church itself has made great efforts in appearing more Christian. Not that they are not Christian, I am just talking about the face of the church not the doctrine.
I remember when LDS faithful were encouraged NOT to use the word Mormon. I remember when the text on the Book of Mormon was changed so that Jesus Christ's name was bigger. I guess I don't get the hypersensitivity to polygamous groups being identified as Mormons. LDS faithful have distance themselves from the name. Even if the population identifies Mormonism with polygamy, I would think LDS Mormons are mature enough to deal with that without playing with semantics.
Is Mormon a legal name like the official name of the church? If not then anyone can be a Mormon if they identify themselves as such--particularly if they believe in the Book of Mormon.
Maybe there is no such thing as a "Fundamentalist LDS Mormon" because that very self defined individual would likely be excommunicated, but I don't think the LDS church has enough authority of the term "Mormon" to get to decide who can self identify as a Mormon.
Posted by Jhai (Member # 5633) on :
I recently read a paper that touched on the tolerance of differing customs/traditions and of differing religions in Europe & the US (paper as a whole was on attitudes towards immigration). The authors found that the US population is more open to both religious diversity and cultural diversity. The questions asked were:
It is better for a country if almost everyone shares the same customs and traditions.
It is better for a country if there are a variety of religions among its people.
I wish the article had included Australia, Canada, and the like in the data, but it was drawing on a EU -developed data set. You can find more about it (including some nifty graphs) here: http://www.themonkeycage.org/2008/03/the_imagined_community_in_euro.html Posted by Mucus (Member # 9735) on :
Dagonee: I was referring to laws that affect people because of *other* people's religion.
The context of the discussion is still tolerance of religion. For me, that includes toleration of both people that are not religious or people that are "presumed" to be of one particular religion.
Posted by Dagonee (Member # 5818) on :
quote:was referring to laws that affect people because of *other* people's religion.
OK, could you list some examples?
Posted by Jhai (Member # 5633) on :
How about the idea that the Judeo-Christian faith/cultural tradition has the right to define what is and is not a marriage? This may not be overtly stated in the numerous laws defining marriage as between a man & a woman, but it's very clearly the underlying motive for these laws.
Posted by Eaquae Legit (Member # 3063) on :
quote:Originally posted by Mucus: Occasional: Has that ever actually happened? I can think of one case, a case that is still in progress where a conservative author criticised Muslims, but that case is still unresolved.
It has, though I can't find the specific case I'm thinking of.
I found this post and others he has written over the last few years to pretty much sum up my feelings. There is another post here that also says a few things I agree with.
Posted by Mucus (Member # 9735) on :
If I read your link properly, despite Occasional's remark, Stephen Bloissoin was neither jailed or fined. He was censored and they didn't even particularly do a good job of that. I'm not a huge fan of the approach taken. I'm more concerned about the Maclean's case actually http://www.thestar.com/columnists/article/349282
As I said, in my first remark, Canada is not perfect but I think they struck a better balance. For Dagonee, the same-sex marriage issue as Jhai pointed out is a good one. I particularly respected of the stand that the two Catholic Prime Minsters that oversaw legislation dealing with the issue, despite their personal views:
quote: The Canadian prime minister, Jean Chretien, and other Roman Catholics in his cabinet have been warned they may pay the ultimate spiritual price if they push ahead with plans to legalise same sex marriages.
They could go to hell when they die, according to Bishop Fred Henry of Calgary. The outspoken church official has upped the stakes in the heated debate over same-sex marriages by warning that Roman Catholic politicians who push ahead with proposed legislation could suffer eternal damnation.
This includes Mr Chretien, who will resign in February, and his heir apparent, former finance minister Paul Martin. Mr Martin, a devout Catholic who attends mass almost every Sunday, will likely oversee implementation of the legislation after Mr Chretien steps down next year. He has a large lead in the leadership race that will take place in November.
Both men, however, seem prepared to risk the censure of their church in the name of equal rights for homosexuals.
Mr Martin has said that he wrestled with the concept of gay marriage. But he told reporters recently that his responsibilities as a politician "must take a wider perspective" than his faith.
Mr Chretien, whose father and grandfather fought with the Roman Catholic church in Quebec, has also made it clear that there must be a separation between church and state in Canada.
He moved ahead with legislation after a series of court rulings found that marriage cannot be defined only as a union between a man and a woman because that discriminates against gays and lesbians.
His government has drafted a bill that would not limit civil marriage to same-sex couples, but would still allow churches to decide if they will marry gay couples.
Thats an issue that did affect large numbers of people due to someone else's faith.
Posted by scholarette (Member # 11540) on :
I don't think it is fair to say that the only opposition to gay marriage is only from Judeo-Christians. I know a gay man who is not telling his family about his lifestyle. His family is not judeo-christian, or even white. They are Chinese and greatly value progeny (my baby is one and they don't see why I'm not trying to have a second). They would probably be ok with him marrying a nice girl, having babies and having a homosexual lover on the side. But they want babies that are genetically related to them. I have not spoken to them directly about their views on legal gay marriage (kinda awkward discussion to have with someone's family when you know that he is gay and they don't), but from what I can gather, I would be surprised if they would be ok with it. Marriage is for babymaking. Interestingly, they also have a history of polygamy in their family.
Posted by Jhai (Member # 5633) on :
I never said that the only opposition to gay marriage is from the Judeo-Christian tradition - obviously, that would be factually wrong. However, the legislative push for having marriage be defined as between a man and a woman in the US is largely coming from Christian groups and individuals within the US that want the law to reflect their understanding of their religious scripture.
Other religious traditions, such as Hinduism, are perfectly okay with marriages between men or between women. In fact, there are religious texts of Hindu gods of the same sex occasionally marrying and/or having babies together.
Posted by kmbboots (Member # 8576) on :
quote:Originally posted by Occasional: The difference is what is done in marriage and what is done out of marriage. If a school teacher and a student wanted to get married, I would still be ok with it. It would be ethically problematic.
I understand that (for some) sex within a marriage is different than sex without that blessing. I don't understand how, if someone is too young to give informed consent to the latter, they would be old enough to consent to the first.
Posted by imogen (Member # 5485) on :
I don't think Australia is particularly tolerant when it comes to religion.
Certainly there are no rights to religious freedom like there are in other countries.
Posted by ketchupqueen (Member # 6877) on :
According to that article, 418 children have now been removed and are in state custody, all on grounds that they have been or are at risk for "physical, emotional, or sexual abuse." Read the article for more on that.
There are more details of the call that prompted the raid. The girl in question still has not come forward/been identified, although she said she was several weeks pregnant in the call and they have removed several pregnant teenage girls, so that would seem to indicate she might be among them, but no one knows. She also alleged that she was beaten and choked as well as raped by her "husband" and was not free to leave, and was told that if she did manage to run away she would be forced by the "outsiders" to cut her hair, wear makeup and modern clothes, and have sex with many men. So more details-- but still no word on who she is. I agree with whoever said she might fear retaliation from within the community if she admits to making the call.
The article also makes mention of severe emotional trauma suffered by children taken in a similar raid more than 50 years ago. I really hope that does not repeat itself.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by imogen: I don't think Australia is particularly tolerant when it comes to religion.
Certainly there are no rights to religious freedom like there are in other countries.
Are you sure?
quote: Section 116 of the 1900 Act to constitute the Commonwealth of Australia (Australian Constitution) provides that:
The Commonwealth of Australia shall not make any law establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
That said, I cannot find the study that prompted my "Australia, maybe" comment so I'm not particularly attached to the idea.
scholarette: First, I think thats a very big generalization from just one sample, not even quite one since you didn't ask them. I'd give good odds that my family would be disappointed if I did not have children, but opposing same-sex marriage legislation is very different and I know both my parents voted liberal (or Green, I wasn't sure if he was joking).
Another big issue, I remember a lot of grief when Leslie Cheung died Secondly, I saw a good article on the issue and how it affected the Chinese when the issue was being debated in Canada:
quote: Zaixin Ma, the Vancouver newspaper editor, says that many Chinese who arrived in recent years are "trying to find a new sense of who they are," and many are far more liberal-thinking than the previous generations who have more access to political power and the mainstream media.
"Personally," he said, "I cannot accept same-sex marriage, but I feel that if my community decides to accept it, then that's okay. It's not for me, and hopefully not for my family, but I would then accept it from other people."
Terry Lum, the 33-year-old head of the Community of Chinese Canadians, an organization that represents Chinese-Canadians under 40, is "neither against it nor for it," and thinks that this is the prevailing opinion of the younger Chinese community.
"There's a huge gap in the community," Mr. Lum said. "First of all there's the gap between the young and the old. But there's also a gap between the early immigrants and the late immigrants."
What bothers Mr. Lum, and others, is the presumption that there is this one huge community that speaks the same language and thinks along the same lines.
"You can say they're all Chinese if you like," said Mr. Lum, a fourth-generation Canadian. "But that's not much different, really, than me saying a Ukrainian who is here is the same as someone from England."
Where generalizations do hold true, Mr. Lum says, is that most members of the Chinese community are little different from other Canadians when they merely shrug their shoulders at an issue that doesn't particularly affect them.
"We do understand," he said with a sly smile, "what it means to be Canadian socially correct."
I think the spirit of the article is quite correct, the Chinese community in Canada didn't really care much about the issue. It was a real non-starter for them. Thats very different from the US where same-sex marriage can really be used to "get out the vote" from right-wing voters.
In any case, the issue is kind of a red herring. The Chinese community in the US is much smaller proportionally than in Canada and even in Canada the Chinese were indifferent to the issue when it came up. They definitely are not a significant factor when it comes to the issue in the States.
Posted by imogen (Member # 5485) on :
quote:Originally posted by Mucus:
quote:Originally posted by imogen: I don't think Australia is particularly tolerant when it comes to religion.
Certainly there are no rights to religious freedom like there are in other countries.
Are you sure?
quote: Section 116 of the 1900 Act to constitute the Commonwealth of Australia (Australian Constitution) provides that:
The Commonwealth of Australia shall not make any law establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
While the Commonwealth cannot make laws prohibiting the free exercise of religion, nowhere does it say that people have the right to religious freedom.
In other words, what we have a negative clause prohibiting legislative interference, not a positive, right creating clause. (The Australian Constitution does not have many 'rights', unlike, for example the US one.) Despite calls for a Religious Freedoms Act by bodies such as the Human Rights and Equal Opportunity Commission (in part to bring the laws in Australia into conformity with our obligations under the ICCPR), no such legislation has been enacted.
Further, this only applies to the Commonwealth government - there are no such restrictions on the State Governments.
Note also that there is no explicit freedom of speech in Australia, only an implied limited freedom of political speech. So there is no freedom of religious speech - something I am sure some people would consider intolerant of religion.
Posted by scholarette (Member # 11540) on :
I don't think they are a significant factor. I just think that you can be opposed to ssm without it being a religious issue. I find that often by framing the issue as the evil intolerant Christians, it further entrenches people against ssm. I might be a bit skittish having had some nasty arguments about ssm (I am actually in favor of ssm but don't like a lot of the arguments people often use).
Posted by BlackBlade (Member # 8376) on :
quote:if she did manage to run away she would be forced by the "outsiders" to cut her hair, wear makeup and modern clothes, and have sex with many men.
THE HORROR!!!
But seriously, that's the scariest fate they could come up with? No wonder she made the call.
Posted by TomDavidson (Member # 124) on :
quote:I just think that you can be opposed to ssm without it being a religious issue.
While I agree that it might be technically possible, I think it's highly unlikely.
Posted by Morbo (Member # 5309) on :
quote:Originally posted by Occasional: "Are you suggesting that society should not determine a legal age of consent?"
I think that what has determined the age of consent (particularly about marriage) is currently too arbitrary or undefined. By all accounts, it comes down to when you graduate from High School - although "age 18" is something that is used because it is more consistent. The law also indicates age 21 for drinking, although I am at a loss as to why for that one as well. Don't get me wrong, I have an idea of the arguments for those ages. It's just that I don't think they are very good reasons.
Where would you say Mucus? I guess with my U.S. comment I was saying that it might be "the most tolerant place on earth," but that doesn't mean it is tolerant enough.
18 is only the age of consent in some states. Others use 16 or 17, or even younger in some states (with restrictions such as difference in ages, which also apply to some states using 16-17.)
It is arbitrary, but it has to be. People are all different and mature physically, emotionally and mentally at different rates. Some age has to be picked that seems reasonable for most kids. I think 16-18 is reasonable, with exceptions for 2 minors possibly even slightly younger, like Pennsylvania's laws.
Occasional, I don't know how you could come up with an age of consent that isn't arbitrary.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by scholarette: I don't think they are a significant factor. I just think that you can be opposed to ssm without it being a religious issue...
Actually, I've just spent the last half hour puzzling over the issue and I think I've found something interesting. I was aware that that there is an antipathy towards same-sex relationships in China, but as my Leslie Cheung comment hinted, I've noticed an odd contradiction in Chinese attitudes to homosexuality. I've previously read a fair number of historical references that favorably compare the the treatment of homosexuals in ancient China to their treatment in ancient Greece, except for a much longer period.
What puzzled me was that I had no idea what changed or when it changed.
After being rather surprised, I double-checked the results in a book called "Passions of the Cut Sleeve: The Male Homosexual Tradition in China" Interestingly, you can read the introduction and epilogue on Google Books. It confirms the rather unintuitive result that is summarized in this review:
quote: Although Hinsch ends his text with the fall of the Qing dynasty, his Epilogue provides a movingly written and powerful critique of contemporary Chinese homophobia. He concludes that the easy acceptance of same-sex love began to change in China with the coming of the Manchu rulers, who reacted against the opulent libertine lifestyle of traditional Chinese civilization. But what really revolutionized Chinese sexual attitudes, Hinsch argues, was the impact of Europeans. By the early 1900s, Chinese “progressives” had become so impressed with Western science and technology that they slavishly adopted a mystical faith in the superiority of all things Western. Sexual variance was suppressed, in favor of Christian notions that the only purpose of sex was reproduction. Since Western medical and psychological sciences in the early 1900s saw homosexuality as “pathological,” China's traditional patterns of acceptance of same-sex love disappeared. Progressive scholars (employed by Taiwan, Hong Kong, Singapore, and the People's Republic alike) deleted references to homosexuality in new translations of Chinese classical literature. They simplified the writing style, meaning that most literate Chinese could no longer read the classics in their original uncensored form. Thus, modern Chinese have been cut off from an important part of their heritage. It is a great irony, Hinsch writes, that some contemporary Chinese claim that homosexuality is “a decadent practice” only brought into China from the West. They are ignorant of the fact that what really was brought into China from the West was an intolerance for same-sex love.
Man thats screwed up. We really messed up the Chinese more than I thought. Its convoluted, yes, but I don't think you can necessarily classify modern Chinese antipathy towards homosexuality as being non-religious without contradictory evidence.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by imogen: ... In other words, what we have a negative clause prohibiting legislative interference, not a positive, right creating clause
I'm afraid the practical distinction is somewhat lost on me, but I'll gladly take your word for it since as I mentioned, I can't find the reference for my earlier guess.
Posted by Morbo (Member # 5309) on :
quote: It is a great irony, Hinsch writes, that some contemporary Chinese claim that homosexuality is “a decadent practice” only brought into China from the West. They are ignorant of the fact that what really was brought into China from the West was an intolerance for same-sex love.
Interesting. The missionary position FTW!
quote:Originally posted by Mucus:
quote:Originally posted by imogen: ... In other words, what we have a negative clause prohibiting legislative interference, not a positive, right creating clause
I'm afraid the practical distinction is somewhat lost on me, but I'll gladly take your word for it since as I mentioned, I can't find the reference for my earlier guess.
I will also take your word for it, with 2 qualifiers.
Bill Hayden was Governor-General of Australia, and an atheist. I can't see an avowed atheist getting that high in politics in America. It speaks well of Australia's tolerance that an atheist got that far.
quote:Originally posted by imogen: Further, this only applies to the Commonwealth government - there are no such restrictions on the State Governments.
Does that mean in practical terms an Australian state could pass a law "prohibiting the free exercise of any religion" or any those other types of laws prohibited to the Commonwealth? In the US, the federal constitution always trumps state and local law when they conflict--that's not true in Australia?
Posted by imogen (Member # 5485) on :
I mean the Commonwealth Constitution only prohibits the Commonwealth Government from passing laws prohibiting the free exercise of any religion.
So in practical terms, a State government is not prohibited from passing such laws.
The principal that a Cth law & Constitution will trump an inconsistent State law & Constitution also applies here - but such State laws would not be inconsistent, as the prohibition is not on laws prohibiting the free exercise of any religion in general , merely on the Commonwealth (not any other government) from making such laws.
Does that make more sense?
Re: Bill Hayden. It wouldn't surprise me if Australia is, in fact, more tolerant of atheists than other countries, including America. I think generally we are a less religious country. But that doesn't equate to religious tolerance, merely tolerance of atheists!
Posted by imogen (Member # 5485) on :
Incidentally, as far as I know, no State has made a law prohibiting the free exercise of religion and I doubt they ever would. But they *could*.
Posted by imogen (Member # 5485) on :
(I should add, I don't think Australia is particularly intolerant of religion - my initial point was {if badly worded} just that I don't think it's one the shining examples of religious tolerance.)
Posted by dkw (Member # 3264) on :
quote:Originally posted by TomDavidson:
quote:I just think that you can be opposed to ssm without it being a religious issue.
While I agree that it might be technically possible, I think it's highly unlikely.
I don't think it's that unlikely, as I've met many people who fall into that category. For them it's "rationale" is hyper-macho homophobia -- plain old "gays are yucky."
Posted by Morbo (Member # 5309) on :
Yes, that helps explain it. Thanks for the explanation imogen.
Posted by The Rabbit (Member # 671) on :
I don't see a significant difference in the wording found in the US constitution compared with the Australian constitute.
US Constitutiont:
quote:Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
Australian Constitution:
quote:The Commonwealth of Australia shall not make any law establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
Neither one of them affirms a right to freedom of religion. If anything, the Australian Constitution is more explicit in its protection of religious freedoms.
It is interesting to note that although it is widely held that the US constitution guaranteed a right to freedom of religion, that is never explicitly stated. In fact the presumption that the first amendment restricted the authority of state and local governments was highly controversial until after the civil war. The extent of the right protected by the US first amendment is still hotly contested.
Posted by Jon Boy (Member # 4284) on :
quote:Originally posted by BlackBlade:
quote:if she did manage to run away she would be forced by the "outsiders" to cut her hair, wear makeup and modern clothes, and have sex with many men.
THE HORROR!!!
But seriously, that's the scariest fate they could come up with? No wonder she made the call.
I imagine that a lot of women would not want to be forced to have sex with many men.
Posted by The Rabbit (Member # 671) on :
quote:I imagine that a lot of women would not want to be forced to have sex with many men.
Agreed. But how many women would include being forced to "have sex with many men" in the same list with being forced to "cut your hair, wear makeup and modern clothes"?
Posted by Dagonee (Member # 5818) on :
Probably not many. But a possible list might be being forced to walk around in lingerie and have sex with many men, and it's possible that the haircut, makeup, and modern clothes are as problematic to them as lingerie in public would be to women outside the compound.
Posted by kmbboots (Member # 8576) on :
Interesting use of the word "forced" in this circumstance.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by Dagonee: Probably not many. But a possible list might be being forced to walk around in lingerie and have sex with many men, and it's possible that the haircut, makeup, and modern clothes are as problematic to them as lingerie in public would be to women outside the compound.
A valid point.
I do find a great deal of irony in the fact that a community in which young girls are forced to marry and have sex with older men, where they are in all forced to wear a certain style of clothes, hair and no makeup -- would threaten its young women by telling them that "outsiders" would do those same things (except that the men and fashions would be different).
Posted by Jon Boy (Member # 4284) on :
It certainly is ironic. I was just objecting to BlackBlade's mock horror. Just because most of those things don't sound bad to us doesn't mean that none of them do. And to those girls, it's probably the equivalent of saying, "You'll be forced to dress and live like a whore."
Posted by The Rabbit (Member # 671) on :
quote:it's probably the equivalent of saying, "You'll be forced to dress and live like a whore.
I recognize that the threat is intimidating to those within this community not specifically because they will be forced to do something they don't want to do but because they will be forced to do something they have been taught is immoral.
I still find it ironic.
Posted by scholarette (Member # 11540) on :
quote:Originally posted by Mucus:
Man thats screwed up. We really messed up the Chinese more than I thought. Its convoluted, yes, but I don't think you can necessarily classify modern Chinese antipathy towards homosexuality as being non-religious without contradictory evidence.
In the Chinese literature I have read, there is an acceptance of homosexual relationships, however, there is still the expectation of producing heirs. You can go have your fun on the side, but you also must do your duty to your family and make a baby. I am too lazy to go and check what era the books are written in (I know I haven't read anything written after 1900). It isn't the homosexual sex that is the problem, it is the neglecting your duty. The family I know would not be pleased if any of their sons married an infertile woman either. They would consider that grounds for divorce (though the man should always pay a very generous alimony to an ex wife).
Posted by pooka (Member # 5003) on :
There was an arthouse film a few years back about that. "The Wedding Party" or something?
I seem to remember a lot of sexual abuse going on in "Dream of the Red Chamber". It was mostly that the rich males could do whatever they want to pretty much anyone below them in class. I don't really think one needs to look back with great fondness on any pre-European golden age of Chinese sexuality. Not that European meddling has improved things greatly... just... uh.
Posted by The Rabbit (Member # 671) on :
quote:n the Chinese literature I have read, there is an acceptance of homosexual relationships, however, there is still the expectation of producing heirs.
As I understand it that is very nearly equivalent to the status of homosexuality in ancient greece. You were expected to marry, produce heirs and support them but that wasn't about love or sex -- it was about children. If you found a homosexual soul mate that was great -- but it wasn't a substitute for marriage.
Face it, the traditional idea of marriage is much more like practical business arrangement for producing children and heirs than what we seek today.
Posted by pooka (Member # 5003) on :
Yes, modern marriage is just a shadowplay for the homosexual fulfillment of yesteryear.
:cough:
Posted by Javert (Member # 3076) on :
quote:Originally posted by pooka: Yes, modern marriage is just a shadowplay for the homosexual fulfillment of yesteryear.
:cough:
Shouldn't it be "modern marriage is just a shadowplay for the political and economical contracts of yesteryear"?
I only skimmed this thread, and not completely familiar with the term 'shadowplay'...so if my comment doesn't make sense, ignore it.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by scholarette: ... you also must do your duty to your family and make a baby. I am too lazy to go and check what era the books are written in
Sure, and I don't think you have to go back to any specific era, that sort of attitude is very prevelant *now*.
However, there is a distinction between having antipathy towards X and seeking to legislate something about X. This is the point I was making here:
quote: I'd give good odds that my family would be disappointed if I did not have children, but opposing same-sex marriage legislation is very different and I know both my parents voted liberal (or Green, I wasn't sure if he was joking).
Do you understand this distinction?
Just because the Chinese traditionally did not think of homosexual relationships as being equal to heterosexual relationships, does not mean that they would automatically support anti-SSM legislation in greater numbers than the average population. The article I linked to in the Globe And Mail also makes this point, although they do not have hard numbers, the cultural newspaper editor that they interviewed estimated that Chinese opposition to the idea was not significantly outside of the mainstream. This is my experience in general as well.
(As another example, many Jewish communities also place great emphasis on children. Can I make the generalisation that thus they would necessarily oppose same-sex marriage? No. I can't make that generalisation with just this evidence)
More importantly, opposition does not always translate into active opposition. In the US and Canada, the anti-SSM crowd tends to take an active stance rather than passive stance, proposing amendments, protesting activist judges, and campaigning for changes. In my experience, many Chinese voters do not tend to get involved in this way (unless they're Christian...but thats a whole different can of worms).
quote:Originally posted by pooka: ... I don't really think one needs to look back with great fondness on any pre-European golden age of Chinese sexuality. Not that European meddling has improved things greatly... just... uh.
I never said we should in general. However, given evidence, I can consider the possibility that for certain specific communities such as gay men, things may very well have been better if you compare say Communist persecution of homosexuals with how they seem depicted in the Tang Dynasty. You can provide evidence that women were treated worse in the Tang Dynasty than in the PRC. In fact, I probably agree with you. *But* it does not necessarily contradict the first possibility.
Posted by kmbboots (Member # 8576) on :
quote:Originally posted by The Rabbit: Face it, the traditional idea of marriage is much more like practical business arrangement for producing children and heirs than what we seek today.
Exactly. Not to mention that for most of history, women were basically property - first of their fathers, then of their husbands. They had only whatever power to choose that was given them by their father. I tend to find that people who are bothered by "non-traditional" marriage* have either a very narrow idea of traditional marriage or a very limited idea of women as full human beings.
*edit to add: people who are bothered by non-tradional marriage because it is non-traditional. For example, the people who argue against ssm because "marriage has always been...".
Posted by The Rabbit (Member # 671) on :
quote:I tend to find that people who are bothered by "non-traditional" marriage have either a very narrow idea of traditional marriage or a very limited idea of women as full human beings.
I doubt they have any idea that marriage traditions changed between the days of Abraham and the 1950s. They've probably even conveniently forgotten that Abraham had concubines in addition to his wife.
Posted by Javert (Member # 3076) on :
quote:Originally posted by The Rabbit: I doubt they have any idea that marriage traditions changed between the days of Abraham and the 1950s. They've probably even conveniently forgotten that Abraham had concubines in addition to his wife.
Some have an idea. I had a conversation with someone online a few months ago, and I brought this up. So he knew...he just denied vehemently that it was true.
Posted by kmbboots (Member # 8576) on :
quote:Originally posted by Javert:
quote:Originally posted by The Rabbit: I doubt they have any idea that marriage traditions changed between the days of Abraham and the 1950s. They've probably even conveniently forgotten that Abraham had concubines in addition to his wife.
Some have an idea. I had a conversation with someone online a few months ago, and I brought this up. So he knew...he just denied vehemently that it was true.
So did you point him toward the relevant biblical passages?
Posted by Javert (Member # 3076) on :
quote:Originally posted by kmbboots: So did you point him toward the relevant biblical passages?
I mentioned Abraham and his concubines. Didn't have my bible on me or I would have given chapter and verse.
His response, as I recall, was somewhere along the lines of "God made Adam and Eve, not Adam and Steve, or even Adam and Eva and Sara and Jessica."
Posted by Mucus (Member # 9735) on :
Hmmmm, no love for Lilith I guess.
Posted by Jhai (Member # 5633) on :
If I were male, gay, and named either Adam or Steve I would totally love to be in a relationship with (respectively) a Steve or an Adam. It'd pretty much rock.
Posted by scholarette (Member # 11540) on :
Mucus, my point was not that all Chinese feel that way- My point was that it is very possible to get to believing that ssm is a bad thing without using specifically Christian values, using this family as an example. I will concede that most people oppose ssm because they view it as a sin. I just don't think it is the only route to an opposition to ssm (and arguing this point is the reason people think I am against ssm, even though my voting record indicates differently).
Posted by Mucus (Member # 9735) on :
Alright, let's break it down: A) You never actually proved that "this family" believes that anti-ssm legislation is desirable. You assumed that they would be because they have a traditional view of marriage for their son. Quick reasoning: My family, strongly desires traditional marriage for me, strongly supported Martin's stand B) You never demonstrated in the cases where Chinese families "do" believe that anti-ssm legislation is desirable that they do not in fact believe so due to imported Christian values Quick reasoning: Bret Linsch's book
Now, I grant that it is theoretically possible that there are people that oppose SSM due to reasons other than religion. In fact, I can think of a number of rational reasons that could be halfway convincing to me. The problem is that you have not demonstrated that these people exist in disproportional numbers in the Chinese community or that it has anything to do with them being Chinese.
Posted by BlackBlade (Member # 8376) on :
quote:Originally posted by Jon Boy: It certainly is ironic. I was just objecting to BlackBlade's mock horror. Just because most of those things don't sound bad to us doesn't mean that none of them do. And to those girls, it's probably the equivalent of saying, "You'll be forced to dress and live like a whore."
Your objection is noted. I had similar sentiments to The Rabbit, it seemed like staying was comparable to the alternative. I didn't think the threat was completely benign, but I've heard far more creative lies weaved to keep people under control.
Posted by scholarette (Member # 11540) on :
I don't think they exist in disproportional numbers in the Chinese community. I mentioned the race mostly in reference to the not Christian culture. As far as whether the value is imported, the family is fine with him engaging in homosexual behavior- which is different from what the quote states. There is no belief that sex is only for procreation (and they definetely don't think sex should be limited to marriage), just that marriage is for procreation. I will concede point A- I assume how they vote based on inferences from their other comments. Based on his comments and other info from the family, I would expect them to vote against ssm, but I can not prove that.
Posted by ketchupqueen (Member # 6877) on :
I think that the article quoted that information precisely because it gives insight into the kind of brainwashing of women that has been going on for generations.
Posted by Occasional (Member # 5860) on :
I just had to share this idiotic report because I am not sure if it is worthy of a laugh or a cry. At the least it is ironic because of the horrible misinformation it perpetuates toward a breakoff that is even farther from the FLDS than the LDS. Where do reporters come from and why are they so badly trained in research and interpretation? Mostly, where did this writer get his information?
The RLDS has had its own problems with religious nuts, including a few murderers. However, almost from the start they have been more "Protestant" than "Mormon" in what they believe. The number one recognizable difference (and this is the head scratcher for the article) is the DENIAL that there ever was polygamy introduced by Joseph Smith. Because of the overwhelming evidence polygamy was introduced by him, although I am not sure of the official position, the RLDS claims polygamy was a false revelation by a mistaken prophet. Just for context, the RLDS pretty much consider the Nauvoo period teachings and revelations that really defines "Mormonism" to outsiders as a mistake in prophecy.
Note to readers: FLDS is the group in Texas that currently practices polygamy.
LDS is the Church of Jesus Christ of Latter-day Saints, the ones with the "Mormon Tabernacle Choir" and a Temple in Salt Lake City, Ut.
RLDS is the Reorganized Church of Jesus Christ of Latter Day Saints, based in the Midwest. They changed their name to the Community of Christ. Its formation is rather complicted, but ultimately its first prophet leader was Joseph Smith III, son of Joseph Smith Jr.
Posted by katharina (Member # 827) on :
From the article:
quote:Many people would be surprised to learn that "Mormon" is not the name of any religious sect. It is a nickname applied to The Church of Jesus Christ of Latter-day Saints in 1930 as a response to the religions new scripture called "The Book or Mormon: Another Testament of Jesus Christ."
*cries* I know it's a typo, but it's at the very beginning and it doesn't do much for the credibility of the article.
Posted by The Rabbit (Member # 671) on :
Why do you suppose that the news media never called the "Branch Davidians" a "radical offshoot of the Seventh Day Adventists?
Why wasn't it pointed out in every single news article that Jim Jones' "Peoples Temple" was an offshoot of the Disciples of Christ?
Why is it that no one has problems distinguishing between the Catholic Church and its breakaway group that committed mass suicide in Uganda "Movement for the restoration of the Ten Commandments of God"?
Posted by katharina (Member # 827) on :
Why is it that every news story prominently features a woman in an old-fashioned gown?
If they are rape victims, then the paper is publishing alleged rape victims. If they are not, then they are being exploited like animals in a zoo for the page views.
Posted by pooka (Member # 5003) on :
Oh Gosh. That was horrible. And I think the RLDS church changed its name to Community of Christ 5 years ago.
Well, there haven't been any SDA, DoC, or Catholic presidential candidates this year either. Romney may out of the race, but the media is just reminding us he better not try for vice president either.
I've said myself it's not reasonable for him to hope for fairness. I hate that it's a fact, but that doesn't make it not true.
Posted by MattP (Member # 10495) on :
quote:Originally posted by The Rabbit: Why do you suppose that the news media never called the "Branch Davidians" a "radical offshoot of the Seventh Day Adventists?
Why wasn't it pointed out in every single news article that Jim Jones' "Peoples Temple" was an offshoot of the Disciples of Christ?
Why is it that no one has problems distinguishing between the Catholic Church and its breakaway group that committed mass suicide in Uganda "Movement for the restoration of the Ten Commandments of God"?
My guess, and this is only a guess, is that the LDS church is still "weird" enough in the popular conscience that the fact that this church is in any way related, even distantly, to it is thought to be interesting.
Another, more charitable theory is that the name "FLDS" is similar to the name of the LDS church and they are trying to make a distinction between the two so as to avoid confusion.
Posted by JonHecht (Member # 9712) on :
People are scared of carrots in green jell-o. It makes them just uncomfortable enough to associate FLDS with LDS. Honestly, can't you see?!
Green jell-o is just a gateway stereotype to polygamy.
Posted by James Tiberius Kirk (Member # 2832) on :
Is anyone else getting a "Meet 'Morman' Women" ad at the bottom of the page?
--j_k
Posted by Mucus (Member # 9735) on :
quote:Originally posted by katharina: If they are rape victims, then the paper is publishing alleged rape victims. If they are not, then they are being exploited like animals in a zoo for the page views.
It could be both.
Posted by Scott R (Member # 567) on :
Not sure if this has been covered yet-- what was the evidence used to take 400 kids away from their parents?
Has that information been released?
Posted by pooka (Member # 5003) on :
It's an affidavit of a series of calls to CPS of a teenager about being beaten and choked by her middle aged husband. They haven't been able to determine who made the call. Since they don't know which if the fathers is the abuser, they took all the children from the compound.
Posted by Scott R (Member # 567) on :
Given the evidence, does this reaction seem a little heavy-handed to anyone else?
Posted by katharina (Member # 827) on :
Yes. Definitely. I think there is a definitely a case for this being religious persecution here - when one teenage girl is raped in New York, they don't rip the neighborhood apart.
Posted by pooka (Member # 5003) on :
They might if the whole neighborhood were doing something known to be illegal.
Posted by camus (Member # 8052) on :
quote:Originally posted by Scott R: Given the evidence, does this reaction seem a little heavy-handed to anyone else?
I'm pretty sure we haven't been given the all of the evidence, so no, this reaction does not seem a little heavy-handed to me.
Posted by Katarain (Member # 6659) on :
quote:Originally posted by The Rabbit: Why do you suppose that the news media never called the "Branch Davidians" a "radical offshoot of the Seventh Day Adventists?
They did. I remember because I am SDA, and the association bothered me.
Posted by lem (Member # 6914) on :
quote: Since they don't know which if the fathers is the abuser, they took all the children from the compound.
My understanding is that the reason they took all the children was additional evidence they found at the compound AFTER they got there--namely multiple underage pregnant girls and a bed in the temple that was allegedly used to bed underage girls.
The multitude of underage pregnant girls and other evidence (like the bed) is what prompted them to investigate/assume systematic sexual abuse of minors.
Now because there is a possibility the original call was a prank, there will be a legal battle whether the evidence gathered will be usable in court. The original call is not why they took the girls.
EDIT spelling and to add about the bed in the temple.
Posted by katharina (Member # 827) on :
I would like to see the evidence for ripping all 400 children away from their homes. These should be considered on a case-by-case basis - you don't one set of children away from their mothers because their cousins were taken away from theirs.
Posted by MattP (Member # 10495) on :
I have to agree with kat. I think they went way to far here, and the original justification for the search was pretty flimsy.
Of course, we're all going off of the small amount of information that is publicly available so far, but it sounds to me that they've gone too far in removing so many children from their homes.
What's unfortunate is that I believe there is likely some abuse happening but all of the evidence which supports that allegation may now become inadmissible because of the lack of diligence in determining the validity of the original tip.
Posted by camus (Member # 8052) on :
quote:I think they went way to far here, and the original justification for the search was pretty flimsy.
I thought that the original justification is that the phone call corroborated the information that was received from an informant, information that has not been completely revealed to the rest of us.
Posted by MattP (Member # 10495) on :
Well, for one thing, I believe the girl who made the call has still not been located. It's still an anonymous phone call. Additionally, the initial search warrant and some of the following warrants named the wrong man as the alleged husband of the anonymous caller. The man named in the warrant lives in Arizona, not in the Texas compound.
Posted by Jon Boy (Member # 4284) on :
quote:Originally posted by katharina: From the article:
quote:Many people would be surprised to learn that "Mormon" is not the name of any religious sect. It is a nickname applied to The Church of Jesus Christ of Latter-day Saints in 1930 as a response to the religions new scripture called "The Book or Mormon: Another Testament of Jesus Christ."
*cries* I know it's a typo, but it's at the very beginning and it doesn't do much for the credibility of the article.
The other glaring factual errors didn't help either.
I also saw a Washington Post article that said that the FLDS Church split off from the main LDS Church in the 1990s. I can't imagine where they got that idea from.
Posted by pooka (Member # 5003) on :
quote:Originally posted by MattP: Well, for one thing, I believe the girl who made the call has still not been located. It's still an anonymous phone call. Additionally, the initial search warrant and some of the following warrants named the wrong man as the alleged husband of the anonymous caller. The man named in the warrant lives in Arizona, not in the Texas compound.
Am I mistaken in the impression that he "lives" in an Arizona prison?
I don't really see physical abuse as an inadequate cause to deliver young women from systematic and ritualized statuory rape.
Posted by MattP (Member # 10495) on :
quote:Am I mistaken in the impression that he "lives" in an Arizona prison?
He is not in jail. He is on probation.
Posted by Jon Boy (Member # 4284) on :
I think the problem people are having is that it's not at all clear whether there was evidence of such abuse for all 400 children.
Posted by MattP (Member # 10495) on :
quote:I don't really see physical abuse as an inadequate cause to deliver young women from systematic and ritualized statuory rape.
I don't disagree. It's just that, for better or worse, our legal system includes a number of protections against unlawful searches and if the police did not cross their T's and dot their I's when they obtained the search warrant, then they will have thrown away all of the evidence they obtained under it. The fact that they named a man who does not live in the compound is an indicator that they were not sufficiently diligent in preparing the warrant.
Posted by Dagonee (Member # 5818) on :
quote:Why do you suppose that the news media never called the "Branch Davidians" a "radical offshoot of the Seventh Day Adventists?
I saw that point hammered home constantly by the press.
quote:Given the evidence, does this reaction seem a little heavy-handed to anyone else?
There's more evidence than that. What it is hasn't been released, but that's common in criminal investigations.
quote:I would like to see the evidence for ripping all 400 children away from their homes. These should be considered on a case-by-case basis - you don't one set of children away from their mothers because their cousins were taken away from theirs.
This evidence is seldom (on a relative basis compared to the number of children taken from families) released to the public. We have no evidence that they weren't considered on a case by case basis - this is what I would expect to see reported if they had been considered on a case by case basis or if they hadn't.
quote:What's unfortunate is that I believe there is likely some abuse happening but all of the evidence which supports that allegation may now become inadmissible because of the lack of diligence in determining the validity of the original tip.
Doubtful. First, the evidence will not be inadmissible in child protection proceedings. The exclusionary rule only applies in criminal proceedings and certain select civil proceedings. Second, the description of the tip is adequate for at least some initial search, and they applied for and received additional warrants during the course of the raid.
quote:The man named in the warrant lives in Arizona, not in the Texas compound.
There is a man who lives in Arizona with the same name as the one that appears on the warrant. That is not the same thing as saying that the man named in the warrant does not live in Texas. There could be two people with the same name.
We simply don't know enough to think the raid was or wasn't legally justified. I've seen numerous press accounts of searches that are justified in which the described basis for the search is about as strong as what we have hear. Most of them have been found to be legally justified, usually with significantly more evidence than ever appeared in the press.
quote:The other glaring factual errors didn't help either.
It sounds as if he's as inaccurate about LDS as he is about other Christian denominations.
quote:I also saw a Washington Post article that said that the FLDS Church split off from the main LDS Church in the 1990s. I can't imagine where they got that idea from.
quote:The FLDS split from the Church of Jesus Christ of Latter-day Saints more than a century ago when the mainstream Mormon Church renounced polygamy. The Mormon Church excommunicates members who practice plural marriage.
Posted by pooka (Member # 5003) on :
Well, that is a concern, if lack of due process prevents the effective prosecution of the ringleaders.
P.S. D'oh! Simul-post.
Posted by Dagonee (Member # 5818) on :
quote:I think the problem people are having is that it's not at all clear whether there was evidence of such abuse for all 400 children.
To summarize my previous monster post: there's no particular reason that it would be clear to those who only know about this from the press at this point.
Posted by Jon Boy (Member # 4284) on :
Dag: That wasn't the article I was referring to, but I'm having a hard time finding it.
Posted by Dagonee (Member # 5818) on :
I didn't mean to imply that you hadn't seen the 1990s error, just that I know they've gotten it right at least once.
Posted by Fyfe (Member # 937) on :
Every time I hear anything about this story, I feel so grateful that I am not a child protection worker in West Texas. Imagine trying to find homes for 400 kids. Yeesh.
Posted by scifibum (Member # 7625) on :
Imagine being one of the kids.
Posted by Javert (Member # 3076) on :
quote:Originally posted by katharina: I would like to see the evidence for ripping all 400 children away from their homes. These should be considered on a case-by-case basis - you don't one set of children away from their mothers because their cousins were taken away from theirs.
You would if they all lived together, essentially under the same roof.
Posted by MattP (Member # 10495) on :
quote:You would if they all lived together, essentially under the same roof.
I dunno. They did live in multiple separate houses. It seems more like raiding every apartment in an apartment building because there were specific allegations that one man has abused a child and general allegations that some undetermined number of other men had done the same. Oh, and they all go to the same church. The fact that the church *owns* the apartment building may be legally relevant, but I couldn't say.
Posted by The Rabbit (Member # 671) on :
Matt, I don't think the comparison to an apartment building is fair. My understanding was that this was a communal living arrangement. Even if there were multiple separate houses the links between theses households went far beyond neighbors who share the same religion. These were neighbors who shared not only religion but also close family ties and finances . The separate building on this compound were much closer to the bedrooms in a single family home than different apartments within a single multi-family dwelling.
As Dag described above, during the course of the raid they applied for and received additional warrants. That means that discoveries made in say "the first house they searched" turned up evidence which a judge found was sufficient grounds to justify searching the neighboring houses.
As I posted earlier, child protective services are (in most states) required under law to present evidence before a judge within 24-48 hours after removing a child from his legal guardian. Parents are normally allowed to be present at these hearings with counsel. That would have to be done on a case by case basis. There is nothing in the media reports to suggest this wasn't done.
In the absence of evidence to the contrary, I presume that this was done correctly. I am not sure why so many here presume that the laws were violated unless clear evidence that they were followed is printed in the papers.
This polygamous group has had plenty of run ins with the law and has lots of experience with the courts. If the laws were violated, I assume the mother's and their legal counsel would be filing suits and screaming bloody murder to the press.
Why are people so quick to assume that child and family services didn't follow the laws? Do you have a general bias against child protective services and always assume they are guilty until proven innocent?
Posted by TheGrimace (Member # 9178) on :
<edit: TheRabbit made a lot of my points already> I think that is very relevant. The apartment complex comparison is flawed because there's no reason to think any of the tennants are related to each other.
In this situation some combination of the following is true: 1) All individuals are living in communal space owned by the church. 2) All/many individuals are related and living in close proximity. 3) The legal marital/parent-child relationships involved are probably quite muddied 4) Given the severity of the infractions (multiple cases of statutory rape) it makes sense to err on the side of caution (caution being: remove everyone from the possibility of this happening to others until more information is available)
A better analogy: If this situation were happening at MooseHeart (a compound/mini-city dedicated to raising orphans) I would expect that all the kids would be addressed. Despite the fact that there are "house parents" that take care of various subsets of the children, they live in an institutional setting where the motivations of the entire institution may be in question, and the custody of the children is less than obvious.
Posted by The Rabbit (Member # 671) on :
I just looked up some stats on the Texas Foster care system. You must remember that Texas is a really big state and likely has more resources to deal with this sort of problem than your average small population western state.
In 2003 the state of Texas had 26,000 children in the foster care system. Though I can't find more recent data, between 1999 and 2003 the number of children was increasing steadily by around 2000 children per year. So by extrapolation I expect that the number is now over 30,000.
These 400 children make up less than 1.5% of the children currently in the foster care system in Texas. On average 3% of the children in foster care are in emergency shelters so this incident has increased the load in the emergency shelters by roughly 50%. However, as of 2003 the Texas child protective services (TCPS) had 6300 employees and an annual budget exceeding $1.5 billion.
Based on the data I could find, children remain in the foster care system for an average of around 2 1/4 years. 40% are in the system for less than 12 months and 72% for two years or less. A quick calculating suggests that they are placing ~35 kids in foster care every day.
While I'm sure this is putting a severe strain on the local office. TCPS has the resources to deal with this problem. Concerns that these children will overwhelm the system and that TCPS will have to short cut all the legal precautions to handle this seem unwarranted.
[ April 14, 2008, 09:00 PM: Message edited by: The Rabbit ]
Posted by MattP (Member # 10495) on :
quote:Why are people so quick to assume that child and family services didn't follow the laws? Do you have a general bias against child protective services and always assume they are guilty until proven innocent?
Where are you seeing these assumptions? I'm expressing concern that everything might not be kosher, specifically BECAUSE I'm worried that abuses may go unpunished. Some of what Dagonee has posted is reassuring, particularly as it pertains to exclusions to "fruit of the poison tree" situations for CPS.
My understanding of how polygamous housing works is that a single man owns either one house shared by his entire family, or that he may have multiple homes distributed amongst his different wives. This one-to-many relationship between the men and their wives, if it's also the case here, would mean that the activities within one man's house are not necessarily related to the activities within another man's house.
[ April 14, 2008, 09:11 PM: Message edited by: MattP ]
Posted by Dagonee (Member # 5818) on :
One way the information could have been developed: A CPS officer has probable cause of an underage girl married to an adult and goes to the house. A CPS officer confirms the story and interviews everyone in the house, asking for names of underage girls married to adult men on the compound. In an interconnected community, it will not take long to get statements implicating almost every house on the compound.
Even if the original search was illegal, only the residents of that house could assert the fourth amendment privilege. The residents of the houses pointed to by the statements made by the girls in the first house have no fourth amendment claim.*
Moreover, once they have the knowledge and a witness (i.e., the girls themselves), they can use that information to convict - poisonous tree does not keep a witness from testifying against the defendant.
*There's an interesting wrinkle raised by the fact that the land surrounding the residences is privately owned. I don't think it ultimately changes the admissibility of evidence, but the particulars would depend on a lot of factors.
Posted by The Rabbit (Member # 671) on :
Dag, If I'm not mistaken, this was a communal living arrangement. All the property, both houses and adjoining lands, belonged to the church. So perhaps the best analogy would be to a corporate industrial park where there are numerous buildings all owned and under the same management but still private office spaces within those buildings. If it were treated that way by the courts, how would that influence the 4th amendment concerns?
Posted by MattP (Member # 10495) on :
quote:So perhaps the best analogy would be to a corporate industrial park where there are numerous buildings all owned and under the same management but still private office spaces within those buildings.
How is that different from the apartment building analogy? Because there are separate buildings? As they are all owned by the same entity, I don't think that would be a relevant distinction.
Posted by Dagonee (Member # 5818) on :
quote:All the property, both houses and adjoining lands, belonged to the church. So perhaps the best analogy would be to a corporate industrial park where there are numerous buildings all owned and under the same management but still private office spaces within those buildings. If it were treated that way by the courts, how would that influence the 4th amendment concerns?
The key issue here will be standing. First, this only matters if there is an unreasonable search: one lacking either a warrant (unless there's a valid exception such as immediate danger to persons or evidence) or probable cause.
Assume the corporate entity owns the compound and all the houses. It has an expectation of privacy throughout the compound. Assume an individual family is assigned to each house. This family has an expectation of privacy within that house and the immediate surrounding area (the "curtilage"). The corporation likely does not have an expectation of privacy within those houses, because the family can invite third parties into them.
Therefore, the families likely cannot assert any fourth amendment rights outside their home and curtilage. The corporation likely cannot assert fourth amendment rights within the homes.
A case could be made that the community as a whole has an expectation of privacy throughout the compound. If so, any community member could assert a fourth amendment right for any search in the compound. This would involve lots of research to fully analyze, though. I think it would represent a significant expansion to the scope of the fourth amendment.
quote:How is that different from the apartment building analogy? Because there are separate buildings? As they are all owned by the same entity, I don't think that would be a relevant distinction.
The difference is a lack of connection between the residents of different apartments. The police can, for example, search the apartment's laundry room in most buildings. It is this principle that I think precludes the community as a whole argument from succeeding. But that argument can't even be made in an apartment complex situation.
Posted by Scott R (Member # 567) on :
quote:We have no evidence that they weren't considered on a case by case basis...
We certainly do-- the children were removed from their parents in an aggressive manner whose timetable belies the notion of case-by-case examination.
On the first glance, we assume the state is doing things on the up and up-- they go into the compound to investigate the rape and abuse of a sixteen year old girl. But the chain of charges exploding from that point is so incredible, the state needs to provide evidence to support their extraordinary efforts. Simply put, I don't buy Dagonee's argument that this has been considered; I think that this affair was done with the best of intentions, but is a black mark against true justice for the victims.
I'm infuriated that the state is not allowing mothers of children older than four to stay with their children. Are the mothers a danger? And if they are, how? While its understandable that in ordinary circumstances parents of children in state custody do not get to go with their children, this is hardly an ordinary circumstance.
Posted by Dagonee (Member # 5818) on :
quote:We certainly do-- the children were removed from their parents in an aggressive manner whose timetable belies the notion of case-by-case examination.
This is how emergency custody of children happens. The in-depth due process happens afterward. In this case, it started last Thursday or Friday.
quote:But the chain of charges exploding from that point is so incredible, the state needs to provide evidence to support their extraordinary efforts.
Yeah, but they don't need to provide it to YOU. And you don't know what evidence was provided to the people they do have to provide it to.
quote:Simply put, I don't buy Dagonee's argument that this has been considered
Could you point where I made this argument? I said, "We have no evidence that they weren't considered on a case by case basis - this is what I would expect to see reported if they had been considered on a case by case basis or if they hadn't" and "We simply don't know enough to think the raid was or wasn't legally justified."
quote:I think that this affair was done with the best of intentions, but is a black mark against true justice for the victims.
quote:I'm infuriated that the state is not allowing mothers of children older than four to stay with their children. Are the mothers a danger? And if they are, how? While its understandable that in ordinary circumstances parents of children in state custody do not get to go with their children, this is hardly an ordinary circumstance.
Yes, it is an unusual circumstance. Which means a couple of things. First, it means that extraordinary actions are likely necessary. You don't seem to have taken this into account in your criticisms. Second, it means that where extraordinary actions aren't needed, the process is going to be kept as close to normal as possible. Which means that "parents of children in state custody do not get to go with their children."
Unusual circumstance cuts both ways. The allegations are of systematic, community-wide statutory and actual rape and systematic, community-wide abandonment of a large percentage of the boys in the community. The mothers didn't do anything to stop this. I'm willing to lessen the moral blame attached to the women who were conditioned to this life from birth, but that excuse makes it more important to separate the mothers from the children capable of telling their stories. The mothers are more likely to exert pressure on the children to not cooperate, and, worst case, to try to flee with their children.
Emergency custody is designed to make the child safe and to reduce the likelihood that a parent will try to coach the child. I'm not sure why the extraordinary circumstances here makes that a less compelling need.
Posted by Scott R (Member # 567) on :
Quis custodiet ipsos custodes?
I'm not happy any time due process is violated. While I understand the need to keep the evidence quiet, I'm not comfortable with the caretakers of the evidence; I'm not convinced of the state's competence.
Posted by Mucus (Member # 9735) on :
Scott R:
quote:Originally posted by Dagonee: Yeah, but they don't need to provide it to YOU. And you don't know what evidence was provided to the people they do have to provide it to.
I believe that this in part refers to the legal counsel that has been retained by those charged, who have a competence independent of that of the "state"
Posted by Occasional (Member # 5860) on :
Considering how this can affect the rights of everyone I think the State has a moral obligation, and dare I say a legal one, to provide the evidence to ME! After all, isn't that what all the fuss over Gauntanamo is all about?
Notes: I changed that glaring misuse of vocabulary.
ME is a generic rather than specific definition for all individuals.
[ April 15, 2008, 11:44 AM: Message edited by: Occasional ]
Posted by Mucus (Member # 9735) on :
'affect' Also, why are you (or YOU!) in specific so special?
Posted by Scott R (Member # 567) on :
quote:Originally posted by Mucus: Scott R:
quote:Originally posted by Dagonee: Yeah, but they don't need to provide it to YOU. And you don't know what evidence was provided to the people they do have to provide it to.
I believe that this in part refers to the legal counsel that has been retained by those charged, who have a competence independent of that of the "state"
Agreed. I think it's great that so many lawyers are standing up, independent of the state, to do so. And that so many are doing it for free. Good for them.
Posted by Dagonee (Member # 5818) on :
quote:Quis custodiet ipsos custodes?
The parents' lawyers. The ACLU. The press. You. Me.
But you're doing more than watching. You're drawing a conclusion with inadequate evidence. Moreover, your conclusion seems to be based on a misconceptions about how the process normally works.
quote:I'm not happy any time due process is violated.
Nor am I. Fortunately, there's no evidence that this has happened here.
quote:While I understand the need to keep the evidence quiet, I'm not comfortable with the caretakers of the evidence; I'm not convinced of the state's competence.
I get that. The evidence you've cited for this discomfort, however, is evidence that's present in pretty much any seizure of a child: lack of public statements about the evidence, refusal to allow mothers to stay with their children, speedy removal after a visit. The scale is certainly different, but that alone doesn't speak to either side of this.
Perhaps your outrage is directed at the emergency child custody provisions themselves, and not this particular incident - I can't quite tell.
quote:I believe that this in part refers to the legal counsel that has been retained by those charged, who have a competence independent of that of the "state"
In large part, yes.
There will be a public examination of what went on here. It will take place during pretrial motions in any criminal prosecutions arising from this. It will take place in the 1983 suit that will likely arise from this.
What has happened so far is an emergency measure that happens hundreds or thousands of times a day in this country. It just happened more publicly, because of more sensational charges, and in a greater number than normally happens.
quote:After all, isn't that what all the fuss over Gauntanamo is all about?
No. The fuss at Guantanamo is about not giving the evidence to the detainee or the detainee's counsel.
Posted by ClaudiaTherese (Member # 923) on :
Dagonee, for what it's worth, you've said everything I'd want to say at this point, but with greater eloquence, attention to detail, and legal knowledge than I could. Thanks.
Posted by Dagonee (Member # 5818) on :
It's worth an awful lot.
Posted by Scott R (Member # 567) on :
quote:Fortunately, there's no evidence that [violation of due process] has happened here.
There certainly is-- the emergency removal of 400 children is an admission, tacitly, of the fact that due process didn't happen.
Which is a completely different topic from whether or not emergency removal was warranted. The fact remains that we have given the government the power to override our rights through the use of the word "emergency."
Due process was OBVIOUSLY disregarded. Maybe it was warranted.
This is what frustrates me:
quote:The state is accusing the sect of physically and sexually abusing the youngsters and wants to strip their parents of custody and place the children in foster care or put them up for adoption.
The state was able to determine within days, that all four hundred children were being physically and sexually abused? Or is this AP article over-simplifying things?
As much as we've heard about the inefficiencies of CPS, I find it extremely difficult to believe that they could put together enough evidence to warrant this kind of ...well, rendition. I find it much more likely, based on the history of CPS' inefficiencies, that they jumped the gun, became overzealous, and are now scrambling to cover their collective rear ends. Some of the patterns of miscommunication (as pointed up in the linked article) are NOT indicative of an organization that is efficient.
Posted by ClaudiaTherese (Member # 923) on :
Scott R, I think what Dagonee is saying (and I agree) is that this is due process; i.e., this is the process established by the relevant laws and supported through many challenges in courts at many different levels. One may want to challenge whether "due process" should be different by challenging those laws, but this is the proper (or "due") procedure under law in warranted cases of suspicions of serious child abuse.
We talked about the timeframe earlier in the thread. I'm going to [post below] to quote myself out of convenience, but not out of any aggressive insinuation that you should have remembered or read it all in careful detail. ( )
I have a great deal of concern about potential abuse of the system and prejudgment (also as noted before), but that is a matter of watching how this plays out very very carefully, not a criticism of the process as currently detailed in the media.
[ April 15, 2008, 10:50 AM: Message edited by: ClaudiaTherese ]
Posted by Dagonee (Member # 5818) on :
quote:There certainly is-- the emergency removal of 400 children is an admission, tacitly, of the fact that due process didn't happen.
No, it's not. Due process (that is, the process that is due) is a highly tailored concept. It happens pre-event and post-event.
In this case, the process that is due is 1) the existence of reason to believe the children are in danger, 2) temporary removal, and 3) hearings within a certain amount of time. Which of these do you have evidence didn't occur?
Due process is an entirely legal concept. It is based on longstanding legal custom and notice and an opportunity to be heard. Notice and hearing can be given before the event or after the event, depending on the circumstances. Emergencies are well-accepted circumstances for providing post-event due process.
Someone who is arrested isn't given a chance to be heard before that arrest, yet he hasn't been deprived due process because of that arrest. The process due is arraignment or comparable proceeding, then a host of other procedures.
If you are arguing that the due process normally given in emergency custody situations is inadequate, then you have a complaint against the system as a whole. But you're not couching it as a complaint against the system in general, but in the particularities of this situation.
Based on the press accounts, there is no evidence that due process wasn't given here. There is nothing specific about this being 400 children that relates to due process.
quote:Which is a completely different topic from whether or not emergency removal was warranted. The fact remains that we have given the government the power to override our rights through the use of the word "emergency."
Which is a completely different topic from whether or not due process happened - because, whether you like it or not, emergency steps such as this one are part of due process.
quote:Due process was OBVIOUSLY disregarded. Maybe it was warranted.
It's statements like this that make it clear you don't know how this works. If the official action was warranted, then it wasn't a violation of due process. By definition. Due process was certainly not OBVIOUSLY disregarded. There are arguments to be made that the authorities violated due process. There might be good evidence for those arguments. But it's certainly not OBVIOUS. It's not even particularly likely.
quote:The state was able to determine within days, that all four hundred children were being physically and sexually abused?
The key word here is "accused." An accusation is the start of due process, not a deprivation of it. There will be enormous amounts of process given before the decision is actually made. The very next paragraph details one small portion of the process that will be involved here:
quote:"Quite frankly, I'm not sure what we're going to do," Texas District Judge Barbara Walther said after a conference that included three to four dozen attorneys either representing or hoping to represent youngsters.
quote:I find it much more likely, based on the history of CPS' inefficiencies, that they jumped the gun, became overzealous, and are now scrambling to cover their collective rear ends.
Do you have some additional information about the history of this CPS organization's inefficiencies?
quote:Some of the patterns of miscommunication (as pointed up in the linked article) are NOT indicative of an organization that is efficient.
The patterns of miscommunication are based on the accusations of one side of this situation. That's something that will be addressed during due process as well.
Posted by ClaudiaTherese (Member # 923) on :
Here is some recap of Page 1:
quote:Originally posted by scifibum: I flat out don't believe that the state could determine with any level of certainty or fairness that 401 children need to be put into foster care in a matter of a couple of days. I think we're seeing evidence of prejudice. It troubles me to see this happening, even though I think the state is probably *right* I don't think it's using due process.
quote:Originally posted by ClaudiaTherese: When one child is deemed likely to have been or of considerable risk to be significantly abused, often the other children in that specific home environment are considered at risk and removed as well. Given the size and intermingling of many families on this particular site, it wouldn't take many children to have been deemed abused to justify removing so many other children until their safety could be established. ***
Not addressing ketchupqueen's critical concern, of course, but as a note as to why so many might be justifiably removed so quickly.
---
Edited to add:
*** This is the standard widespread practice to ensure safety in likely very volatile situations which cannot be resolved quickly without high likelihood of error, and it has been deemed by courts across the country to be both prudent [and] consistent with due process.
Of course, this does mean that children -not- being abused are removed, whether [actually in truth] at risk or not. However, it also saves lives and health while buying time to figure out exactly what is going on.
quote:Originally posted by ketchupqueen: The original number deemed abused or neglected was 18. I can see how they could decide that since they were all living in the same "home environement" they are all at risk. But I am a bit on edge here. So far the mothers who have left are being allowed to stay with the children, and are basically being treated as victims as well. I hope that as many as want support to leave the group are able to get support, help, and training in how to live outside their group (one of my main problems with this group is the lack of education, especially for girls; it's one thing if you're Amish and not expected to make a decision to join the group until you are an adult and have had a chance to see what a different lifestyle is like, but being forced into marriage at 14 without being told there is any other reasonable option is not okay.)
quote:Originally posted by ClaudiaTherese: I share your concerns, ketchupqueen. I would also be surprised if it were even possible for local authorities to act without at least some prejudgment -- such cases are so highly publicized and so polarizing that prejudice would seem unavoidable. I think it's just human nature, whether that prejudgment ends up being accurate or misleading in the end.
...
quote:Originally posted by The Rabbit: ...
Due process for removing children from familes (at least in most states) is quite strict. When children are removed from a home in an emergency situation (like this), the act is subject to judicial review usually with in 48 hours or less. In this situation, given the number of children involved it would not surprise me if that time table was stretch. But I don't think the time table itself is evidence that due process isn't being used. I'd be very interested over the next few days to see if the proper judicial reviews are done and the outcome of those reviews.
Despite all the complaining about the state removing children from homes without cause, I think there is far more evidence that the state is too likely to leave children in homes even when there is strong evidence of abuse and neglect.
So many people have an anecdote about a distant friend or relative who had their child taken unjustly. I'm quite skeptical of these stories for several reasons. How many parents would admit they were abusing their child rather than claim unfair treatment? Its easy for most people to believe that a faceless government organization made a big mistake than to believe that their friend or relative was abusing a child.
In the one case I'm familiar with, the whole neighborhood was up in arms over how this baby was taken from her mother. But once I learned the details of the injury the mother claimed was "an accident", I was quite relieved that the child was taken away from her. After a few weeks, the baby was given over to the care of the grandmother with the stipulation that the mother not be left alone with the baby. The mother was required to undergo therapy and training and eventually the child was returned to her care with close over sight from family services.
I consider it an example of the system working and I am told that it is typical of cases where children are put in foster care. In most cases, the goal is to return children to live with their parents.
In this case, the state has a big incentive to return these children to their mothers because of the burden they will put on the foster care system. I think its much more likely that these children will be returned to abusive mothers who can't care from them than that the state will keep them in foster care long after their mothers could have provided them adequate loving homes.
I also added [ketchupqueen's concern and] The Rabbit's full post because of [their] clarity and attention to detail and nuance. The rest of the conversation there is also a good read. Dagonee has been going into great detail on this from the beginning as well.
---
Also, you and I may disagree about whether it's justified/reasonable to take so many children away so quickly, or even whether it is justified in taking one child away in this manner (as in The Rabbit's related story). This may well (read, "is likely" ) be understandable given our backgrounds and experiences; e.g., I have no children but have been involved in many (and some dire) child abuse investigations of others, whereas you have children and thus a much more thorough and grounded idea of a parent's perspective in general.
That's okay. That's life, and that's good. Multiple perspectives should be not only welcomed but sought out -- it's necessary to deal with the justifiable concerns of fairness and our shared civic responsibilities in this matter. I just wanted to acknowledge that as part of the process of clarifying that I wasn't reposting the earlier conversation in order to show you that the matter had been settled. Rather, the earlier discussion may not have been seen or at the forefront of your mind, and I thought it was quite pertinant to the questions raised.
[ April 15, 2008, 11:43 AM: Message edited by: ClaudiaTherese ]
Posted by ClaudiaTherese (Member # 923) on :
(added ketchupqueen above)
Posted by Scott R (Member # 567) on :
Dagonee:
Thank you for your patient response. Yes, I have a problem with the system.
Posted by pooka (Member # 5003) on :
Because...? I have had a problem with feeling like the system isn't zealous enough. Plus I don't harbor any sympathy toward polygamists.
Posted by Javert (Member # 3076) on :
quote:Originally posted by pooka: Because...? I have had a problem with feeling like the system isn't zealous enough. Plus I don't harbor any sympathy toward polygamists.
Seconded.
Although it's child abusers and rapists that I lack sympathy for. Don't much care about polygamists.
Posted by Scott R (Member # 567) on :
I don't harbor any sympathy for abusers.
I worry that 'emergency removal' is being abused in the name of ideology. I worry that the rights of parents are being stepped on without consideration.
I worry that the public is giving support to a process that is profoundly unhealthy, and that support will be used to expand governmental rights over parental rights. (It's the whole illegitimate surrogate thing again, on a much larger scale)
Posted by kmbboots (Member # 8576) on :
This is the difference that I was trying to define in the illegitamate surrogate thread. In this case, the state is removing children from a possibly dangerous situation and it is doing so publicly and with various safeguards. Society is watching, there is a process. If you don't like the process, that is another question, at least for me.
What process do you think would create a sufficient balance of parental rights while not letting children be harmed?
If religion weren't part of this equation, would you feel differently? If in a large hippie commune parents were forcing or even allowing adolescent girls to have sex with older men in the commune would you want those men arrested?
Posted by Occasional (Member # 5860) on :
Here is some examples of more abuses from the Texas thugs. Dagonee can argue about "due process" all day, but I don't buy it and perhaps think some civil disobedience might be in order.
Posted by MattP (Member # 10495) on :
To expand a bit on what Scott has said, I think that the forced removal of these children from their mothers is likely to be *more* harmful than leaving them with their mothers. Even the worst of the allegations have not indicated any prepubescent sexual abuse, so the removal of 5- and 6-year-olds seems unconscionable. Surely the resources can be mustered to provide some sort of monitored housing where the mothers and the children can live together, while keeping the men away.
The women in this sort of environment are likely every bit as abused by the men as the children are and should be, IMO, treated the way we treat siblings of the children in the foster care system. There should be a concerted effort to avoid separation of the children from their mothers.
Posted by Scott R (Member # 567) on :
quote:Originally posted by kmbboots: What process do you think would create a sufficient balance of parental rights while not letting children be harmed?
I don't honestly know that one can be made. I'm not content to buy into the administration's (any administrations) assurances that everything is being done by the book. I'm not, and will never be, comfortable with state-sponsored intervention in child-parent relationships.
Which should not indicate that I don't see its necessity.
quote: If religion weren't part of this equation, would you feel differently?
No.
quote:If in a large hippie commune parents were forcing or even allowing adolescent girls to have sex with older men in the commune would you want those men arrested?
Absolutely. And I'd want to make sure that the state prosecution of them was thorough and legal and moral, and that they did not overzealously prosecute hippies for their ideaology, but for their actions against children.
Why do you ask?
Posted by Javert (Member # 3076) on :
quote:Originally posted by Scott R: And I'd want to make sure that the state prosecution of them was thorough and legal and moral, and that they did not overzealously prosecute hippies for their ideaology, but for their actions against children.
Is it their ideology that they're being prosecuted for? Or is it their actions that, for lack of a better term, are dubbed cult-like (separatism, secretism, living in a compound)? Or are those actions part of their ideology?
Posted by Scott R (Member # 567) on :
None of those actions that you've labeled cult-like are illegal.
Posted by Dagonee (Member # 5818) on :
quote:Here is some examples of more abuses from the Texas thugs.
The article is a carefully crafted tissue of misstatements and one sided quotations.
quote: "But I am a die-hard supporter of religious liberties. If they can invade the FLDS temple, they can invade my temple."
Yes, they can. And if there were physical evidence of priests abusing children in a Catholic church, they can invade that church.
quote:They hear echoes of 19th-century salacious - and false - rumors about their Mormon forefathers seducing women and having sex on temple altars. And they worry about government officials having power to decide what’s best for children.
One of the greatest harms caused by the use of such rumors against religious minorities - and they have been used extensively against my own religion - is that it causes people to doubt situations where such abuses actually occur and for people to circle wagons around the abusers. We certainly saw this within the Catholic Church.
The existence of some false accusations of heinous acts do not mean that all such accusations are false.
quote:The women from YFZ Ranch said Monday the girl does not exist and the calls were a hoax. "It is a bogus person. It is a person they made up. That person does not exist on this land," said Joy.
And how on earth do they know this?
quote:Their children, they were told, were no longer theirs. “They told us the state is in charge of them now,” said Donna.
Their children are no longer theirs? What?
The blogger complains about the wording that isn't in quotation marks. This is the mothers' summary of what they were told, and there's no indication those words were ever used by state officials.
quote:Is CPS forgetting somewhere deep in the heart of West Texas someone is at least pretending some due process is scheduled, in the form of legal hearings to be held beginning this week. But, the hubris, arrogance, and callousness of Texas is indeed telling.
No, CPS isn't forgetting this. It's the people saying there hasn't been due process who seem to be forgetting this.
quote:Dagonee can argue about "due process" all day, but I don't buy it and perhaps think some civil disobedience might be in order.
You realize I haven't argued with YOU about it because you haven't bothered to even try to back up your accusations or to even address what due process is.
Posted by Javert (Member # 3076) on :
quote:Originally posted by Scott R: None of those actions that you've labeled cult-like are illegal.
Of course not. But perhaps that's why they may be treated more harshly (if they are) in response to the accusation of the girl. As opposed to being treated more harshly because of their religion and/or ideology.
Posted by pooka (Member # 5003) on :
quote: I'm not, and will never be, comfortable with state-sponsored intervention in child-parent relationships.
I wish I lived in your world, Scott, where parents can be trusted to act more civilized because they are parents. But I get a little chilled when parents start calling for their rights. I guess I've known too many parents who felt their god-given status as parent meant they should have greater lattitude than normal people, rather than more responsibility.
Posted by Scott R (Member # 567) on :
I don't understand what your point is, Javert.
Posted by Dagonee (Member # 5818) on :
quote:Absolutely. And I'd want to make sure that the state prosecution of them was thorough and legal and moral, and that they did not overzealously prosecute hippies for their ideaology, but for their actions against children. Why do you ask?
Probably because you have continued to swing between making general complaints about the system and specific complaints about this particular incident, which makes it very hard to follow your points.
You haven't pointed to anything other than the sheer numbers involved that demonstrates overzealousness, less than thorough, or illegal or that the parents are being prosecuted for their ideology.
quote:I don't honestly know that one can be made. I'm not content to buy into the administration's (any administrations) assurances that everything is being done by the book. I'm not, and will never be, comfortable with state-sponsored intervention in child-parent relationships.
Which should not indicate that I don't see its necessity.
You indicate that "it" (I presume you mean "state-sponsored intervention in child-parent relationships" is (presumably sometimes) necessary.
Therefore we have to come up with some balance of parental rights while not letting children be harmed. There is no such system that won't produce difficult cases at the margins.
Moreover, an unwillingess to leap to conclusions such as "they have obviously been denied due process" without knowing the bulk of the details or evidence does not mean that anyone has "bought into" assurances that things were/are being done by the book.
Finally, there should be discomfort about taking a child from her parents. That doesn't mean we can't wait to know more before condemning officials.
Posted by Javert (Member # 3076) on :
quote:Originally posted by Scott R: I don't understand what your point is, Javert.
Not so much a point as a question. Your posts have seemed to indicate that they may be being singled out because of their religion/ideology. I'm merely asking/suggesting that maybe it's their cult-like behavior that is causing any singling-out.
Maybe it makes no difference.
Posted by ClaudiaTherese (Member # 923) on :
[Sorry for the inadvertant uberbolding! It's corrected.] [Er, now it is.]
quote:Originally posted by MattP: Even the worst of the allegations have not indicated any prepubescent sexual abuse, so the removal of 5- and 6-year-olds seems unconscionable.
We don't know that we know all of the allegations. Other allegations may have (even "likely") come up in the initial investigation, and there is no compulsion to clarify all of those allegations to the public media at this time.
All allegations that are specified in criminal or civil charges? Yes, absolutely, these are and must be a matter of public record. All allegations that are currently being investigated in a timely fashion to see if there is reason to bring charges based on them? No way. IMU, typically the police and potential prosecutors do not tip all of their hand in the early course of an investigation.
But, see below.
quote:Originally posted by Scott R: I'm not content to buy into the administration's (any administrations) assurances that everything is being done by the book. I'm not, and will never be, comfortable with state-sponsored intervention in child-parent relationships.
Me, too. That's why I await detailed and specific clarifications (in a timely fashion) with narrowed eyes. But I cannot say at this point that everything obviously isn't being done by the book. Maybe it is, maybe it isn't -- and there must be an accounting.
It's just that the "maybe" is still there, and that means the "obviously" is not yet appropriate. Of course, the "maybe" must be clarified at some timely point.
I'm not certain the "maybe" needs to be clarified in elaborate detail to the public, as there is the confidentiality of the minors to be protected. However, it must be clarified to identified public officials at a remove from the situation itself (not just local police and CPS) in a way that is subject to due process, adequate challenge by legal representation, and opportunity to appeal further up and farther out(even if the court records are sealed). And, I think, even if the public does not get the elaborate details, there must be some general public accounting that addresses these valid, important, and entirely appropriate concerns raised here.
quote:Which should not indicate that I don't see its necessity.
Me, too. Unfortunately. There is no clear cut for this Gordian knot, but we are presented with it nonetheless, and we have to do our best by it. That will and must include accountability.
[ April 15, 2008, 03:11 PM: Message edited by: ClaudiaTherese ]
Posted by katharina (Member # 827) on :
Recently in the news a 16-year-old became pregnant after living with her older boyfriend - with her parents' blessing.
Why isn't anyone arresting the parents of Jamie Lynne Spears?
Posted by Scott R (Member # 567) on :
quote:I'm merely asking/suggesting that maybe it's their cult-like behavior that is causing any singling-out.
Do you think it matters?
Does anyone have an idea as to why the police haven't named suspects or made any arrests?
EDIT: Other than Barlow, I mean.
Posted by Dagonee (Member # 5818) on :
quote:Recently in the news a 16-year-old became pregnant after living with her older boyfriend - with her parents' blessing. Why isn't anyone arresting the parents of Jamie Lynne Spears?
Because it's not clear that any law was violated in that situation. It's been discussed at length here if you want the details.
Posted by Scott R (Member # 567) on :
CT:
You're a beautiful individual. I'm not sure I agree with you. I want to agree with you, though, because you seem simultaneously intelligent and considerate of differing opinions.
Posted by Dagonee (Member # 5818) on :
quote:Does anyone have an idea as to why the police haven't named suspects or made any arrests?
Possibly because they're focusing on the CPS actions first. Possibly because they're still getting information.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by Occasional: Here is some examples of more abuses from the Texas thugs. Dagonee can argue about "due process" all day, but I don't buy it and perhaps think some civil disobedience might be in order.
Occasional, perhaps you could point to the specific items in this report that you consider abusive and thuggish. I read that article and unlike either you or the author of the blog I don't see anything that was done which indicated misbehavior on the part of Texas CPS. Can you please be specific about what things CPS did that you feel exceeded reasonable behavior under the circumstances.
In summary the article says the mothers and children we taken on buses to a shelter. After an unspecified period of time, the mother's were asked to leave their children and come into a separate room where they would be given important information. Once the mothers were in the room, they were read a court order saying that their children were being taken into state custody. They were told that they could go to a women's shelter or return to their homes but that they could not stay with the children. Neither the mothers or the young children were happy about that outcome.
I just don't see anything in this description that would be inappropriate assuming that there is sufficient evidence that the children were being abused. If a woman and her child were living with a boyfriend who abused the child, I would expect CPS to take custody of the child until the mother could demonstrate that she was able to provide a safe living environment for the child. I don't see that anything has been done differently here.
All the article really says is that the mother's and children have been traumatized by the events. Of course they have. But that doesn't mean they would not be suffering far more severe trauma if they had been left in the custody of their parents.
The key element in all of this is the assumption that there was sufficient evidence to believe that the children were being abused.
Nothing in any of those articles answers that question. I find it interesting that so many people jump to the conclusion that because the media haven't reported the details of the evidence for abuse that the evidence doesn't exist.
[ April 15, 2008, 03:37 PM: Message edited by: The Rabbit ]
Posted by ClaudiaTherese (Member # 923) on :
quote:Originally posted by katharina: Recently in the news a 16-year-old became pregnant after living with her older boyfriend - with her parents' blessing.
Why isn't anyone arresting the parents of Jamie Lynne Spears?
It raised my eyebrows, for sure. But I don't know what the local laws are -- 16 may be the legal age of consent there, and so "abuse," "neglect," and "endangerment" with reference to law and community standards may not even be an issue. Note that is regardless of whether they should be an issue or whether they are a non-legal (and perfectly reasonable) issue -- but if no laws currently applying within the relevant jurisdiction have been violated, then there cannot be criminal prosecution, as there are no grounds for charges. Those charges, in that context, may not exist.
But 16 might not be within the limits of consent for the relevant jurisdiction. As I said, I don't know.
Moreover, though, even in the case that parents are not behaving appropriately with respect to the law, the mission of CPS is not always to separate the children from the parents. It is a matter of reasonable concern of imminent danger to the health and safety of the children that determines the justifiability of temporary removal (and kicks in the process of timely review, as well). It may be that once pregnant, she is considered (roughly speaking) emancipated at that age, and so there may not be "imminent" danger as the statutes would not currently apply to her at this moment in time. The question of prior imminent danger or violations of legal responsibility would be relevant to charges but not necessarily to current removal (as the goal is to keep families together insofar as possible, barring concern about currently imminent dange, which must itself be defined in terms of current law -- see above re: "Those charges, in that context, may not exist.").
Or there may be an injustice in the Spears case, and the prosecutorial machinery may have failed to live up to its responsibility. That would not be relevant to the question of whether the Texas children should have been removed in this way, though.
Posted by katharina (Member # 827) on :
quote:It may be that once pregnant, she is considered (roughly speaking) emancipated at that age, and so there may not be "imminent" danger as the statutes would not currently apply to her at this moment in time.
Why wouldn't this apply to the pregnant teenagers on the Texas ranch?
Posted by ClaudiaTherese (Member # 923) on :
quote:Originally posted by Scott R: CT:
You're a beautiful individual. I'm not sure I agree with you. I want to agree with you, though, because you seem simultaneously intelligent and considerate of differing opinions.
It is certainly mutual, Scott. I say that without reservation.
Posted by pooka (Member # 5003) on :
Jamie Lynn Spear's boyfriend was 19, not in his mid 40's. Most states, for better or worse, see a distinction between the two. It's also not certain that he wasn't a minor when her child was conceived.
Personally, though, I would be fine with Spear's parents being prosecuted.
Posted by Occasional (Member # 5860) on :
quote:The key element in all of this is the assumption that there was sufficient evidence to believe that the children were being abused.
Nothing in any of those articles answers that question. I find it interesting that so many people jump to the conclusion that because the media haven't reported the details of the evidence for abuse that the evidence doesn't exist.
I think you hit the nail on the head. It seems to come down to if you trust the authorities are doing what is right and legal or not. The two sides are those who want to wait and see and trust that the authorities are doing everything "by the book." Then there is those like myself who don't believe that is true and think bounds have been overstepped. Since there is little to no proof either way, all we can go on is our beliefs and some legal rhetoric.
Posted by ClaudiaTherese (Member # 923) on :
quote:Originally posted by katharina:
quote:It may be that once pregnant, she is considered (roughly speaking) emancipated at that age, and so there may not be "imminent" danger as the statutes would not currently apply to her at this moment in time.
Why wouldn't this apply to the pregnant teenagers on the Texas ranch?
First, different jurisdictions have different laws. She (I think) was residing in Mississippi, and this is Texas. The age of consent from state to state can vary by years -- this is part of the (IMO) appropriate deference to state-by-state variance and justified autonomy. As far as I know, there is not an overarching federal standard on this matter that would supercede local laws.
Second, there may be (and there is indication) other allegations which seemed tenable and needed to be investigated above and beyond the simple fact of pregnancy of a 16-yr-old at this Texas site. I tried to lay out in detail above why we may not be aware of these and why I think it is appropriate that -- at this point -- we may not have been made aware publicly of all such allegations.
Posted by Dagonee (Member # 5818) on :
quote:The two sides are those who want to wait and see and trust that the authorities are doing everything "by the book." Then there is those like myself who don't believe that is true and think bounds have been overstepped.
There are three possible sides here, not two:
1) Those who think the authorities have acted by the book. 2) Those who don't. 3) Those who think there isn't enough evidence to determine whether the police have acted by the book.
There seems to be a lot of 2 and 3 here, but few 1. There has also been some discussion about whether the book is correct.
quote:Since there is little to no proof either way, all we can go on is our beliefs
The lack of proof could be used to consciously choose to not make an uninformed decision about whether the actions were by the book.
quote: and some legal rhetoric.
It's not legal rhetoric. It's legal analysis. When one talks about whether due process has been violated, one is talking about a legal issue. When one talks about whether fourth amendment rights have been violated, one is talking about a legal issue.
Posted by ClaudiaTherese (Member # 923) on :
Looks like the age of consent in Mississippi is 16 (male and female) but is 17 (male and female) in Texas, according to my offline sources. I bet this is listed in a state-by-state chart at a reliable site online somewhere.
---
Edited to add: Some states put the legal age of consent at 16, some 17, and many at 18. For many states it is the same age for boys and girls, but for some states the ages differ based on sex.
Posted by pooka (Member # 5003) on :
I'd be kind of scared to run a search on "age of consent by state".
Posted by ClaudiaTherese (Member # 923) on :
That's why I didn't. *grin
I already searched the KKK/Knight's Party official website to address a question elsewhere, and that will tide me over for many years.
Posted by Morbo (Member # 5309) on :
I think the two relevant states for Jamie Lynn Spears were California and Louisiana.
Posted by ClaudiaTherese (Member # 923) on :
Thanks! (go, you! )
Ahhhh, hmmm. From the into paragraph there, "In Missouri, the age is 14 years old with certain circumstances. The spouse/significant other must be 5 years older." That's more detail than my clinical cheat sheet goes into, and I'll modify for my records.
The snippet on Texas law with regards to differential ages of the two involved is also interesting and relevant.
---
Edited to add: There is a nice snippet on applicable federal law as well, not with age of consent per se, but in regards to communication with minors and transportation across state lines in terms of such cases.
Posted by ClaudiaTherese (Member # 923) on :
quote:Originally posted by Dagonee: I think the two relevant states for Jamie Lynn Spears were California and Louisiana.
I thought she was attending an academy in Mississippi, but I'm no JLS expert, that's for sure.
If Wikipedia is correct, California is 18 (with caveats, and I don't know if those apply here, so it may not be 18 in this particular case). Wikipedia doesn't list Lousiana as far as I can see, but my sheet says 17 (again with caveats that may or may not make this applicable).
By the way, according to my sheet, California applies the age to m/f, m/m, and f/f, but Louisiana applies the age to m/f relationships. I can't tell if there are different laws regarding same sex relationships and age of consent there, or if there is no applicable law, or what have you.
Posted by Dagonee (Member # 5818) on :
quote:For Aldridge, his relationship with Spears could easily be viewed as a criminal matter. It differs from state to state. Charges can be brought in any state with sexual relations occurred. Yet, the two states with the most relevance are California (where Spears words) and Louisiana (where Spears lives). In California, it is a misdemeanor to have sex with someone younger than 18 if the offender is less than three years older. Someone more than three years older could be charged with a felony. In Louisiana, where Spears lives, it is a misdemeanor for someone age 17 to 19 to have consensual sex with someone age 15 to 17 if the difference between their ages is more than two years.
According to Wikipedia, Aldridge is slightly less than 2 years older than Jamie, so there seems to be no violation if conception occurred in Louisiana.
Posted by ClaudiaTherese (Member # 923) on :
Gotta love a legal scholar blog.
Posted by The Rabbit (Member # 671) on :
From what I've read, in both CA and LA it would be at most considered a misdemeanor for an 18 year old to have consensual sex with a 16 year old (aka Spears).
But regardless of the law, I think there is an enormous difference between a 15 to 16 year old having sexual relationships with a boyfriend/girlfriend who is within 2 or three years of their own age and a teenager having sexual relations with some one in their 30s or 40s. The former I consider natural although regrettable (and sinful if that matters to you), the latter I consider perverse and probably evil.
The disparity in power and authority between a teenage girl and a man in his 30s and 40s is so extreme as to call into question the validity of consent. This is even more true within these closed polygamous groups where the pressure the young girls get from their religious leaders, parents and community makes it difficult to believe that these girls truly have any choice in the matters. Even if the threats are never spoken, these young girls know that refusing to enter into these marriage will mean punishments ranging from ostracism to beating to expulsion from their homes to eternal damnation. If saying no isn't an option, what does consent mean?
Posted by Dagonee (Member # 5818) on :
quote:Gotta love a legal scholar blog.
They are fun.
quote:From what I've read, in both CA and LA it would be at most considered a misdemeanor for an 18 year old to have consensual sex with a 16 year old (aka Spears).
Based on the likely date of conception, it would be a misdemeanor in California and not a crime in Louisiana (because the difference in age is < 2 years).
quote:But regardless of the law, I think there is an enormous difference between a 15 to 16 year old having sexual relationships with a boyfriend/girlfriend who is within 2 or three years of their own age and a teenager having sexual relations with some one in their 30s or 40s.
This is an important point: there is a qualitative difference in JLS's situation and the allegations at the root of the FLDS situation.
Posted by Scott R (Member # 567) on :
quote:Texas Children's Protective Services spokeswoman Marleigh Meisner said the separation was made Monday after they decided that children are more truthful in interviews about possible abuse if their parents are not around.
How does CPS go about making this kind of decision?
quote:But regardless of the law, I think there is an enormous difference between a 15 to 16 year old having sexual relationships with a boyfriend/girlfriend who is within 2 or three years of their own age and a teenager having sexual relations with some one in their 30s or 40s.
This is an important point: there is a qualitative difference in JLS's situation and the allegations at the root of the FLDS situation.
Yes, absolutely. I did not even try to address this point because things already were so convoluted with what I was addressing, but I agree totally. Thanks, Rabbit.
quote:Originally posted by Scott R: How does CPS go about making this kind of decision?
Scott, I have to go do something else, but I know this has been established in the medical and psychology literature, resting (I think) on meta-analyses of compiled case studies that considered a) what procedures were used for interviewing, b) what the children said in those interviews, and c) the eventual judgment of the court when weighing all presented evidence, including but not limited to those children's testimonies.
I believe guidelines have been given in that literature. However, I don't know if that actually is the reason relied on by the CPS in this case (or even if they know about that literature), and I don't have references on hand. I can dig them up, but it would take an effort. Happy to do it later if that is of service to anyone.
---
Edited to add: Such literature of course did (and must) acknowledge the additional trauma to children resulting from being separated from parents and interviewed alone by strangers. It is a matter of weighing the pros and cons here as well, and again, there are no clearcut answers (IMO). However, it is clear that in general, such separation makes a difference in establishing the truth of the matter.
It is, though, never easy or pleasant to do, and there can be lasting harms to be weighed against the benefits.
[ April 15, 2008, 06:22 PM: Message edited by: ClaudiaTherese ]
Posted by rivka (Member # 4859) on :
quote:Originally posted by Scott R:
quote:Texas Children's Protective Services spokeswoman Marleigh Meisner said the separation was made Monday after they decided that children are more truthful in interviews about possible abuse if their parents are not around.
How does CPS go about making this kind of decision?
Leaving aside the studies CT is citing (which I am slightly familiar with), it seems pretty logical to me. A child is a whole lot less likely to want to say something they perceive as negative about a parent with a family member there -- even if it is a different one.
Posted by ClaudiaTherese (Member # 923) on :
Very briefly, this is a summary of my overall position in this matter:
I think that investigating the matter is the right thing to do. As corollaries to that, I acknowledge that such an investigation usually involves removal of children from reasonably suspected imminent danger when present and that what we have read in the media is consistent with such a concern being reasonable in this case (consistent with, but not "establishing that there was abuse," mind you). That is, what has happened is both consistent with due process under law and typical for what I know of investigations where the issues raised are quite serious and justified concerns. I don't know for sure that the issues were such in this case, and I don't know that they were not -- but I suspect that pursuing the investigation in this way by following the due process in this case was the right thing to do.
I am also worried about the highly charged and almost inevitably prejudicial environment in which this case is playing out. As I noted before, I don't think pure objectivity is possible here -- it would certainly be an ideal, but I doubt it is within human possiblities to reach that ideal. I do believe all involved should try their best to do so, though, here and elsewhere.
I am worried that the authorities may have done the right thing (if that is the case) in the wrong way or for the wrong reasons. I don't know that they did, and what I know so far is consistent with either doing it all right or doing it pretty much all wrong, or any middling combination thereof. But this concern is at the forefront of my mind, and I plan to watch carefully, ask questions in my own mind and of others, and pursue accountability insofar as I can have an effect on the general discourse.
Mostly, I grieve for the kids, and I also grieve for the mothers. This is a bad, bad situation, no matter how you slice it. The law may have been broken [witness pregnancies below the age of consent] and (I think) it is likely that a concern about imminent danger was justified, but it is a hard, hard thing to go through, regardless of the truth of the matter. I do think this is likely the way it had to play out in order to determine the truth of the matter and keep children safe, but that does nothing to minimize the heartache, fear, and trauma of that process.
I still think it's the right thing to do. Horrible, but the least of all the actual alternatives, which (IMO) are worse.
I still await -- carefully, critically, watchfully -- for appropriate accountability to be established regarding the process as a whole in this case, regardless of the outcome of it. I expect it to be established in a timely fashion, even if not immediately. If that doesn't happen, I intend to put my voice into a call for it.
[ April 15, 2008, 06:56 PM: Message edited by: ClaudiaTherese ]
Posted by Scott R (Member # 567) on :
I do agree with you after all, CT.
Posted by MattP (Member # 10495) on :
I agree with CT, except perhaps on the issue of immediate danger to the majority of the children. By a strict definition of pedophilia, these men are not pedophiles - they do not have sex with prepubescent girls, rather they take as "wives" adolescents which are capable of bearing young. Unless there is evidence that younger children are being so abused, I doubt the claims of reasonable suspicion of immediate danger to any of the male children and any pre-pubescent girls.
I worry about lasting emotional harm to these children caused by a separation that may not be reasonably justified.
I am also aware that I have only a tiny picture of the whole picture. Hopefully when more information becomes available, it will become clear that the decisions being made today are the right ones, but if they are not, then some time down the road, after the damage has been done, is *not* the time to start trying to figure out what to do about it.
Posted by TheGrimace (Member # 9178) on :
I'm curious if anyone is considering the following as causing lasting emotional harm: - being raised with the understanding that marrying multiple women (including adolescents below the legal age of consent) is acceptable behavior
I realize that it in and of itself is not a situation of "immediate danger" but in the long run I could potentially see it as reason (with sufficient proof) to intervene. I'm in no way shape or form an expert (so I'm sure CT and/or Dag could provide better guidance on this issue) but I'm wondering if this kind of thing is included in the CPS regs.
Alternately, say it wasn't underage marriage, but was instead some other illegal activity that was fostered by the parents/community... If the parents were consistently teaching the kids that grand theft auto was an acceptable activity would that be cause to intervene? (even if the kids aren't actually being arrested for stealing the cars yet?)
I'm asking this mostly as a point of curiosity, but also because I think there is valid reason to be afraid of the mental/emotional/ethical well-being of those kids who aren't directly involved in whatever abuse is taking place, and it doesn't seem that said concern has been addressed much in this discussion.
Posted by Glenn Arnold (Member # 3192) on :
quote:Even the worst of the allegations have not indicated any prepubescent sexual abuse, so the removal of 5- and 6-year-olds seems unconscionable.
Not long ago there was a thread in which child molesters were being reviled as the world's worst monsters, and "appropriate" punishments were being suggested. I entered the thread to point out that most children are molested by their own parents or by trusted adults, such as relatives, teachers or child care workers, and that punishing the molester would necessarily result in trauma for the victims. That said, I don't mean to say that the molesters shouldn't be punished, or that it is healthier to leave the victim with their molester in order to prevent that trauma.
Child molestation usually begins with a process known as "grooming" of young children. Molesters attempt to:
1. Instill in their victims the idea that they, as adults, are trustworthy, and to develop a close relationship with their victims.
2. Instill distrust in other adults. The molester doesn't engage in illegal physical contact until they have a sense of confidence that their victim will not tell the truth to outsiders.
3. Reinforce in their victims the idea that sexual behavior is normal, encourage curiosity, and provide children with an outlet for sexual curiosity, usually with the adult serving the role as a sexual mentor that is responding to the child's sexual interests. These sexual interests usually manifest themselves at about the time of puberty, and the child often feels that they are at fault, because after years of grooming, it is they that initiate physical contact.
While so many on this thread are claiming that there has been little or no evidence to support removing children from their parents in this case, I have to wonder which articles you've been reading. The evidence is that girls have been systematically taught from earliest childhood that by the time they are of child bearing age (about 13) sexual relations with middle age men is normal, and in fact, a religious responsibility. Aside from the call from a victim who described being choked and beaten while being raped, there is the physical evidence that numerous girls in this compound had born children well before they had reached the legal age to give consent, and that these girls were living in polygamous relationships in which the husband is a middle-aged man.
Then there is the evidence of a bed within the temple. This is evidence that this cult has essentially made child molestation into a sacrament. Testimony from other women who've escaped from the cult gives evidence of grooming carried out by its adult members, on all the children. Yes, there is evidence that the 5 and 6 year olds are bing groomed for sexual molestation.
quote:One of the greatest harms caused by the use of such rumors against religious minorities - and they have been used extensively against my own religion - is that it causes people to doubt situations where such abuses actually occur and for people to circle wagons around the abusers. We certainly saw this within the Catholic Church.
This is an amazing statement, I give Dag a lot of credit for making it.
Much has been made in this thread of the confusion between the FLDS and LDS churches, and yet it appears that in a forum frequented by LDS members, there is considerable sympathy for the perpetrators of child molestation, to the point of accusing those who are attempting to protect children from that molestation of being "heavy handed." Such sympathies add to the confusion. It would be easier for outsiders to make the distinction between these two religions if LDS posters were able to maintain Dagonee's objectiveness with respect to this situation.
Posted by Dagonee (Member # 5818) on :
quote:I'm curious if anyone is considering the following as causing lasting emotional harm: - being raised with the understanding that marrying multiple women (including adolescents below the legal age of consent) is acceptable behavior
In 1955, the Utah Supreme Court held that the mere presence of a consensual polygamous relationship supports a finding of neglect even absent any finding that children lack adequate medical care, clothing, or schooling or are not well behaved or alcohol-abusing. In Re State In Interest of Black. Edit: the court upheld the state taking custody of the children from the father and mothers.
The reasoning was that the state has an interest in stopping the propagation of polygamy and attempting to limit number of children who must receive government resources. The court held that a bright line rule against polygamy will prevent the court from having to intrude to make individual determinations about whether a particular polygamous relationship is good or bad. The court also pointed out that the continual commission of a felony in front of one's children teaches them to violate the law.
Posted by MattP (Member # 10495) on :
quote:It would be easier for outsiders to make the distinction between these two religions if LDS posters were able to maintain Dagonee's objectiveness with respect to this situation.
I'm not LDS.
I also realize that my words here are of limited effect. I'm concerned about the well being of these children and whether the remedy may in some cases may be worse than the disease. I'm not attempting to influence the policies of the CPS agents, I'm merely expressing my concern in an informal environment where a discussion on the topic has been started.
Posted by Glenn Arnold (Member # 3192) on :
quote:I'm not LDS.
Yeah, I was concerned about that when I wrote my post. I don't make any attempt to remember who belongs to what religion, so unless it's specified in the thread, I'm sort of forced into generalizations sometimes. Nevertheless, I felt the point needed making, so I tried to word it without specifying anyone in particular.
Posted by Scott R (Member # 567) on :
quote:it appears that in a forum frequented by LDS members, there is considerable sympathy for the perpetrators of child molestation, to the point of accusing those who are attempting to protect children from that molestation of being "heavy handed."
Please explain why you seem to feel that finding fault with CPS' efforts [EDIT]is showing support for perpetrators of child molestation.
Posted by Scott R (Member # 567) on :
quote:The evidence is that girls have been systematically taught from earliest childhood that by the time they are of child bearing age (about 13) sexual relations with middle age men is normal, and in fact, a religious responsibility.
I haven't seen this from the AP articles I've been reading.
quote:Aside from the call from a victim who described being choked and beaten while being raped, there is the physical evidence that numerous girls in this compound had born children well before they had reached the legal age to give consent, and that these girls were living in polygamous relationships in which the husband is a middle-aged man.
Haven't seen this either from the AP. It could be there-- but a large part of the problem is that the state doesn't appear (as far as I can tell) to have released any information about why these kids were taken from their homes-- other than the very nebulous, 'They were in danger of being physically and sexually abused.'
quote:Then there is the evidence of a bed within the temple. This is evidence that this cult has essentially made child molestation into a sacrament.
The bed itself is evidence of a bed in a room. I'm assuming they found material on the bed that confirms that sexual relations were being carried out on the bed. I'm not sure of the extent of the technology of such tests-- can they determine the age of participants?
Posted by fugu13 (Member # 2859) on :
Scott: that girls have been systematically taught something along those lines in communities such as that one came out repeatedly during Jeffs' trial. He helped teach such ideas and he arranged marriages in the fulfillment of such ideas, and he has been convicted of doing so in one case (a 14 year old girl with a 19 year old boy). He is set to be tried again for more instances of arranging marriages with such young girls (three more, I think).
Posted by The Rabbit (Member # 671) on :
Once again I'd like to point out that the news articles have cited not only sexual abuse but also evidence of physical abuse. Even if prepubescent children were not be sexually abused, they may have been physically abused. In fact based on what I know about several polygamous groups, I think its likely that the group encouraged severe corporal punishment of its children. At this point that is just speculation but it is no more unfounded than the speculation that there was no abuse of the younger children.
I also agree with CT on almost every point of this issue.
I understand why the very idea that CPS agents can come into a home and remove children without prior due process (emergency situations) is terrifying to parents. Even though I do not have children of my own I think I can understand why good parents find the whole idea terrifying. This is the stuff of nightmares.
But I also think that those fears are blown out of proportion in comparison to the reality and have been fueled by sensationalized stories that occasionally make the news.
I have both worked with children who've been abused and have close friends and family who've had vengeful neighbors report them to CPS repeatedly out of spite. I can imagine how horrifying it must be to have CPS agents show up at your door once, let alone over and over again. Yet in all these cases, CPS came in saw that there was no grounds for complaint and left. I think good parents can have high confidence that their child won't be taken away without just cause and due process.
About 10 years ago my father was on a committee in the Utah State legislature reviewing exactly this issue. At that time in the state of Utah when CPS removed children from a home under "emergency circumstances", the case was required to be presented for review before a judge within 24 hours (I may be misremembering the time, it could have been 48 hours). The parents were allowed to be present for this hearing with counsel. In over 99% of cases, the judges who reviewed the cases found that removal was justified. In fact the number of cases in which a CPS worker visited a home and decided not to remove a child who was shortly thereafter seriously injured were ten times more common than the incidence in which a child's emergency removal was found to be unfounded.
Although prior judicial review was not required, judicial review was required and performed in a very timely manner for all cases. Parents had the opportunity to hear the charges, have counsel and present their side of the story before the judges. And in those judicial reviews, it was very very rarely found that the CPS workers had removed a child that wasn't actualy at risk. The data just don't support the idea that CPS workers are commonly overly aggressive in removing children from homes.
When a CPS worker goes into a home where there are accusations of abuse, they can err in two ways. They can take a child who isn't actually at risk or leave a child in a dangerous situation. In fact the statistics indicated that CPS (in Utah) was far more likely to err by leaving a child in a dangerous situation than the alternative. This was the exact opposite of the perception in the community.
I understand that this system isn't perfect, but there really are children who need to be removed from an abusive and dangerous home situation. I feel very strongly that we as a community have a responsibility to our protect our children even if that sometimes means removing them from their parents. I wish we had a better solution to this problem, but I can't think of one.
My willingness to presume that the Texas CPS had cause to remove all 400 children, is based on my knowledge of what goes on in CPS Utah. So far nothing in this case indicates that the Texas CPS is violating due process. As I said initially, I am anxious to see whether the proper reviews are done. Because of the extraordinary circumstances, I can see justification for stretching the normal time line for the review, but not by very much. I hope that CPS will work towards returning these children to their mothers as soon as the mothers are able to demonstrate their ability to provide them with a safe living environment. That is normal CPS procedure and I strongly hope it is followed in this case.
Right now I see no reason to presume that something wrong has been done. I am also not presuming that everything is justified and will be watching to see that due process is completed.
Of course, due process being done doesn't often make the headline news and I am living a long long way from Texas so I sincerely hope someone closer is keeping a better eye on things than I will.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by MattP:
quote:It would be easier for outsiders to make the distinction between these two religions if LDS posters were able to maintain Dagonee's objectiveness with respect to this situation.
I'm not LDS.
On the other hand, I am LDS. So please don't presume that this discussion is breaking down along religious lines.
Posted by MattP (Member # 10495) on :
quote:On the other hand, I am LDS. So please don't presume that this discussion is breaking down along religious lines.
Was that addressed to me? The intent of my "I'm not LDS." was to say essentially the same thing.
Posted by The Rabbit (Member # 671) on :
My comment was addressed to Glenn and I was more or less making the same point you were.
I also wanted to emphasize that there was at least one LDS poster here who wasn't biased in favor of the FLDS group.
Posted by ElJay (Member # 6358) on :
For the people questioning why they are removing the younger children from the compound. . . assuming that this group does, in fact, force 13 year old girls to marry older men, what would you have CPS do with the girls who have not yet reached that age? Leave them there, and come in once a year to clear out the ones that are approaching the age of being married off, and hope you time it right? Leave all the children who are at least 5 years away from being married off and hope that you get justification for another warrant before too many of them have been raped?
It's certainly not an easy situation, but if there is reason to believe that underage girls are culturally expected to have sex in this community, I can't see justification for allowing any female children to remain in the community until the charges are investigated and resolved. Likewise physical abuse and children of any gender.
Posted by MattP (Member # 10495) on :
quote:For the people questioning why they are removing the younger children from the compound. . . assuming that this group does, in fact, force 13 year old girls to marry older men, what would you have CPS do with the girls who have not yet reached that age?
Let them stay with their mothers, in supervised custody if necessary, until the relationships of the children and women could be determined and individual custody hearings could be held. Basically, maintain the status quo of a couple days ago.
Posted by AvidReader (Member # 6007) on :
Unless the moms are preventing the kids from talking to the agents. Remember, these mothers have been brought up to distrust outsiders as well.
Posted by Scott R (Member # 567) on :
quote:I also wanted to emphasize that there was at least one LDS poster here who wasn't biased in favor of the FLDS group.
I don't think anyone here is biased in favor of the FLDS group.
Posted by Occasional (Member # 5860) on :
For anyone who disagrees with how Texas has behaved, help with a petition to send a message.
edit: should work now. I think.
[ April 16, 2008, 11:40 AM: Message edited by: Occasional ]
Posted by Dagonee (Member # 5818) on :
Link's broken.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by Scott R:
quote:I also wanted to emphasize that there was at least one LDS poster here who wasn't biased in favor of the FLDS group.
I don't think anyone here is biased in favor of the FLDS group.
I certainly hope not, but wasn't that the implication of Glen's original comment?
Posted by Scott R (Member # 567) on :
...and that's why I asked for clarification from him about his comment.
Posted by scholarette (Member # 11540) on :
Probably because I am LDS, the idea of just polygamy doesn't bother me at all. In that way, there might be a bias. However, forcing a child into a marriage is wrong. Excommunicating 14 year old boys in order to mantain the unequal gender ratio is wrong.
I think that one thing you have to keep in mind with the raid is that no one knew what to expect. Texans remember Waco and don't want that to happen again. The mindset going into a cult compound is not that they will be able to do a several week investigation. Let's say they took half the kids and then the group went crazy and did a jonestown. Or got guns and hunkered down. Better to take the kids and return them then risk them being killed. Also, the kids lived in dormitory style housing, making it very different from an apartment building.
Posted by scifibum (Member # 7625) on :
scholarette, I think this is an interesting sentence:
quote:Probably because I am LDS, the idea of just polygamy doesn't bother me at all.
I don't think being LDS generally translates to not being bothered by the idea of polygamy. In fact, I think it's an issue that *really* troubles a lot of LDS folks, even when only considering the historical participation of the LDS church and excluding any current practice of it by other groups. I don't mean to say they consider it wrong; rather I mean to indicate that they find it extremely difficult to understand and reconcile with other beliefs and experiences regarding marriage.
When it's something extrinsic to a group one identifies with - something somebody else might do but not us - I think it's actually easier to shrug off.
Posted by Glenn Arnold (Member # 3192) on :
quote:Originally posted by The Rabbit:
quote:Originally posted by Scott R:
quote:I also wanted to emphasize that there was at least one LDS poster here who wasn't biased in favor of the FLDS group.
I don't think anyone here is biased in favor of the FLDS group.
I certainly hope not, but wasn't that the implication of Glen's original comment?
(First, I just finished recovering my computer from a crash, and it's my bedtime, so this will be short)
Yes, and implication is the right word. My comments were entirely based on an impression from the overall tenor of the thread, not from any specific person's attitude or response, which is why it's pointless to respond to Scott R's question. The early discussion of confusion between LDS and FLDS has to do with the public's impression of the two religions. I was merely pointing out that as an outsider, some comments on this thread could be taken as evidence of LDS sympathy for FLDS, which would tend to undermine the distinction. I thought it would be an important thing to consider, especially for people who are trying to maintain the distinction.
Posted by MattP (Member # 10495) on :
Glenn, that sounds a lot like the "aid and comfort" language which we hear right-wingers use against people that are critical of the administration. Regardless of my own religious affiliations that really rubs me the wrong way.
Posted by Samprimary (Member # 8561) on :
Some of the women from this cult compound were interviewed by ABC recently.
They came off about like one would expect a stepford wife to.
Seriously that video is going to give me nightmares.
Posted by Dagonee (Member # 5818) on :
quote:For anyone who disagrees with how Texas has behaved, help with a petition to send a message. edit: should work now. I think.
You seriously want people to sign this?
quote:We, the undersigned, urge Texan authorities to free the innocent women, children, and other members of the Fundamentalist LDS Church who are currently being detained. We demand that the Constitutional rights of the innocent be preserved, and that due process be served. As individuals are innocent until proven guilty, we call upon the Texas Governor to intervene in this matter and allow the women and children to return to their homes peacefully. We also demand an apology, most especially from the Texas CPS, for the heinous acts of aggression displayed in these recent events.
It's one thing to express doubt about the actions of the CPS. It's another to leap to the conclusions inherent in this petition. Especially after you admitted that "there is little to no proof" that "bounds have been overstepped" and that "the authorities are [not] doing everything 'by the book.'"
Assuming you haven't come across additional proof since you posted that on Tuesday, I'm frankly disgusted.
A petition urging that the rights of those involved be respected, that independent counsel investigate thoroughly, etc. is one thing. Labeling the removals "heinous acts of aggression" and asking that the children be sent back when you admit there is little or no proof that CPS overstepped its bounds is quite another.
quote:I don't think anyone here is biased in favor of the FLDS group.
Occasional certainly strikes me this way, and has from his entry into the thread.
Posted by Occasional (Member # 5860) on :
Well, people have signed it so I guess the answer to your question Dagonee is yes I do expect people to sign the petition. Yes again I am biased in favor of the FLDS group and others like them. Let people be prosecuted as individuals and not as a group, otherwise you are nothing more than a persecutor.
I always thought the above sentiments were liberal (knowing Dagonee is not one) ideals based on tolerance. For those in the minority that is double. Wait, these are religious conservatives. They don't count. I am surprised this hasn't happend to the Amish. There are stories coming out about them that touches on everything other than polygamy.
Posted by Dagonee (Member # 5818) on :
quote:Let people be prosecuted as individuals and not as a group, otherwise you are nothing more than a persecutor.
You've admitted that you have little or no proof this has happened here, yet your petition is in absolute terms.
quote:I always thought the above sentiments were liberal (knowing Dagonee is not one) ideals based on tolerance.
It is the fact that you co-opt those sentiments, and attempt to deny them in those that are withholding judgment pending actual evidence, that disgusts me.
quote:For those in the minority that is double. Wait, these are religious conservatives. They don't count.
Again, you've admitted there's little or no proof that this action was based on the fact that these people were religious conservatives.
Beyond that, I've done more concrete things to advance religious freedom - and specifically for religious conservatives - than you have. It's people like you - with your rants about upcoming holy wars against atheists and your condemnation of actions as discriminatory in the face of an admitted lack of proof - that make it difficult to convince others that there are specific instances where the rights of religious conservatives are infringed.
quote:I am surprised this hasn't happend to the Amish. There are stories coming out about them that touches on everything other than polygamy.
And the underage sex. Don't forget that.
Perhaps the fact that there are numerous conservative religious sects that don't attract law enforcement attentions should clue you into the possibility that there's more to this than religious persecution.
Posted by The Rabbit (Member # 671) on :
quote:Well, people have signed it so I guess the answer to your question Dagonee is yes I do expect people to sign the petition. Yes again I am biased in favor of the FLDS group and others like them. Let people be prosecuted as individuals and not as a group, otherwise you are nothing more than a persecutor.
What you don't seem to understand Occasional is the concept of withholding judgement when their is a lack of evidence. I AM concerned that their may have been an element of religious bigotry in this case and that CPS workers and even courts may have acted out of religious bias rather than real evidence of abuse.
But I am also concerned that these children were truly in a dangerous physically and abuse environment. There is nothing in what has been publicly released that I would consider evidence supporting the former hypothesis.
If your petition had expressed concern that religious bigotry may have been involved and requested assurance that each case be evaluated individually on its merits, requested openness in the proceedings, and requested that more details of the accusation be made public to quell concerns that the state had overstepped its bounds, I would have signed.
But your petition doesn't do that. Your position jumps to judgement assuming without any basis in established fact that the state has acted out of religious bias rather than on evidence of physical and sexual abuse. You demand that these children be returned to their mothers without even bothering to find out whether such an act might put them in physical danger. That is both prejudiced (i.e judging based solely on preconceived ideas rather than an evaluation of the facts) and irresponsible.
Its people like you that give everyone concerned about the protection of religious rights a bad name.
[ April 17, 2008, 11:11 AM: Message edited by: The Rabbit ]
Posted by scholarette (Member # 11540) on :
Considering that the allegations include physical abuse and from the sketchy newspaper articles, some of the kids showed signs of physical abuse, I strongly oppose the petition saying to send those children back to that situation until the charges have been investigated. I would be willing to sign something like what the Rabbit described.
Posted by MattP (Member # 10495) on :
The petition strikes me as being awfully presumptuous regarding the innocence or guilt of those involved. Since I fear that I've been bunched into the "sympathetic to the FLDS church" side of things here I want to make it clear that I don't support this petition.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by Dagonee: Occasional certainly strikes me this way, and has from his entry into the thread.
I'm glad someone religious said it, I admit that I was going to say it, but was wondering whether someone would say that I said it only because I was an atheist and biased *against*
Posted by Dagonee (Member # 5818) on :
Well, now he's said it himself, so all doubt can be put to rest.
For clarity's sake, Scott R has never struck me as biased in favor of the FLDS group.
Posted by Glenn Arnold (Member # 3192) on :
quote:Glenn, that sounds a lot like the "aid and comfort" language which we hear right-wingers use against people that are critical of the administration. Regardless of my own religious affiliations that really rubs me the wrong way.
quote: Since I fear that I've been bunched into the "sympathetic to the FLDS church" side of things
Let me make it clear that I didn't bunch anybody in particular into any side of things. I intentionally chose not to use names, and in fact, I specifically didn't look back into the thread to find out who said what, because I didn't feel that anyone here was truly supportive of the FLDS, only that it was valuable to hear how this discussion might be perceived.
As to "giving aid and comfort," I'm not suggesting that anyone shouldn't voice their opinion, only that sometimes we don't realize what affect our words might have.
A guy once asked me "are we good friends?" I thought it was a loaded question and asked for clarification. He said: "If you had a booger hanging from your nose, would you want me to tell you about it?"
I told him yes, and he told me that my linen pants were virtually transparent. I needed to know that.
Posted by Samprimary (Member # 8561) on :
quote:I always thought the above sentiments were liberal (knowing Dagonee is not one) ideals based on tolerance. For those in the minority that is double. Wait, these are religious conservatives. They don't count. I am surprised this hasn't happend to the Amish.
You are bizarrely committed to having pretty much no idea what you're talking about.
But at least you're sure you want to be outraged about something, whether or not you have to make it up to be outraged about it!
So, good luck with that.
Posted by Scott R (Member # 567) on :
How do lawyers for a two year old determine what is in the best interest of their client? How big is the risk of such a lawyer becoming an extension of the prosecution (or state), rather than an advocate for the child?
I disagree with Occasional's statement that the FLDS are religious conservatives. They are not-- they are fundamentalists, with all the negative connotations to the word. I'm fairly certain that the the state is NOT bound to protect the rights of a religion who holds that something illegal is an inherent doctrine. That is, if a church defrauds someone in the name of God, its illegal, even if it is religious.
I don't know if the state was prejudicial in its actions-- I suspect they were. Their prejudice may not, however, remove culpability from the FLDS. If Jeffs' doctrine of pedophilia was being practiced at Yearning for Zion, then there should be no protection for the perpetrators or facilitators.
Posted by katharina (Member # 827) on :
Here's a great breakdown of the applicaple Texas law and the likely ways that it was broken when the 415 children were seized.
quote:How do lawyers for a two year old determine what is in the best interest of their client? How big is the risk of such a lawyer becoming an extension of the prosecution (or state), rather than an advocate for the child?
Lawyers for children in these situations are notorious for annoying both the state and the parents - in other words, not acting as a mouthpiece or extension of either. Individual cases, of course, will vary.
quote:ere's a great breakdown of the applicaple Texas law and the likely ways that it was broken when the 415 children were seized
The problem is that it applies a small subset of the facts to a small subset of the law. Informing the use of these statutes are regulations and case law which have a significant effect on what the law actually means.
As an example, there are hundreds or thousands of cases that help define what "probable cause." Any analysis of the fourth amendment is meaningless as a means of determining if a particular search is legal without accounting for those cases.
Not all of them have to be read for any given situation. However, some case research must be done to even begin to answer that question.
In child welfare, the word "neglect" is defined within each state by hundreds of cases. It's likely that the phrases "immediate danger" and "physical health or safety" are as well.
quote:Yet, despite lacking facts sufficient to allow Texas to remove in excess of 400 other children, not the subejct of this affidavit, Texas removed them anyway.
It is not at all clear that they lacked the facts sufficient to allow Texas to remove the 400 children. It is only clear that this one affidavit lacked such facts. More facts were developed. What they were, we don't know. Whether they were sufficient, we don't know. But this statement is not supported by the facts presented before it.
quote:I don’t think Texas has the facts sufficient to sustain its burden. I don’t think Texas had those facts when it went in with an armed paramilitary force.
Which is fine, as long as he admits that he has no way of knowing what facts Texas has at this point.
We should be clear about a couple of other things, too:
1.) There is nothing untoward about relying on hearsay in an affidavit in these situations. It is extremely common - most likely, it is the norm.
2.) The hearings are being held now to determine the custody of the children. This is due process.
3.) Even if some or all of the children are ultimately sent back to the compound, it does not mean per se that the emergency custody was unlawful. Similarly, even if the children are all sent to foster homes, it does not mean per se that the emergency custody was lawful.
Posted by Dagonee (Member # 5818) on :
One of the more interesting snipets from that online chat.
quote:Absolutely we were brainwashed. Over generations of this lifestyle it was not a low level brainwashing. This particular cult have found methods with mind control where they actually use a high level programming method that involves pain to program a person
I wish she had been more specific. Brainwashing is a highly controversial idea. But unless I misunderstand, they are using physical pain likely on the very young as a method of indoctrination.
This is consistent with previous reports that some of these groups encourage severe corporal punishment of children. I am very interested to see if any more information comes out about this through the hearings that are in progress. If (and note this is a big if) this church is torturing young children as a method of indoctrination then I could see more than sufficient cause to isolate all these children from both mothers and fathers.
Posted by Scott R (Member # 567) on :
quote:Under cross-examination, state child-welfare investigator Angie Voss conceded there have been no allegations of abuse against babies, prepubescent girls or any boys.
But her agency, Child Protective Services, contends that the teachings of the FLDS — to marry shortly after puberty, have as many children as possible and obey their fathers or their prophet, imprisoned leader Warren Jeffs — amount to abuse.
"This is a population of women who appear to have a problem making a decision on their own," Voss said.
YES, I think it's terrible if what she says is true.
But I don't know that acting as BeliefPatrol is really what CPS is for.
Here's what a witness said, and what I tend to agree with:
quote:Eugene Volokh, a UCLA law professor, said courts have generally held that a parent's belief system cannot, in itself, justify a child's removal. He said, for example, that a parent might teach his child that smoking marijuana is acceptable, but only when he helps the child buy pot does he cross the line.
"The general view of the legal system is until there is an imminent risk of harm or actual harm, you can't" take the children, Volokh said.
About corporal punishment (indirectly):
quote:Under cross-examination, state child-welfare investigator Angie Voss conceded there have been no allegations of abuse against babies, prepubescent girls or any boys.
I guess allegations is different from 'evidence.'
Posted by scholarette (Member # 11540) on :
In the interview with Carolyn Jessop posted on CNN (video version), she makes specific allegations of child abuse against her husband, who is still in a position of power. I think we really need to wait and see before any judgements can be made.
Posted by The Rabbit (Member # 671) on :
quote:But her agency, Child Protective Services, contends that the teachings of the FLDS — to marry shortly after puberty, have as many children as possible and obey their fathers or their prophet, imprisoned leader Warren Jeffs — amount to abuse.
D*#@N, This is what people have feared. If this is indeed the grounds on which the children were taken into custody the the Texas CPS has indeed overstepped their bounds.
I'm trying to decide whether or not there are any cases where a parents beliefs might be so dangerous as to warrant removing children. Maybe if the cult practice human sacrifice of some children when they reached that age of 14, but I suspect that in that extreme of a situation all the adults would end up in prison making it a moot point.
There might be a gray area here between what constitutes teaching their children their religion and grooming victims for sexual exploitation. I'd have to know more details about what the sect actually does to and what sexual predators commonly do to judge.
But even if I could imagine a case where parents teaching their children their beliefs amounted to abuse, I can not possibly see how that could justify emergency removal of the children. Certainly the children were not in immediate danger.
Like scholarette says, this was only one testimony and it is worth looking at the whole body of evidence before arriving at a judgement. This, however, is a very damning testimony.
This really pisses me off not just because of the religious persecution involved (although that is of concern) but also because it will make it harder to prosecute these rapists. I think that there is a growing body of evidence that these people do abuse their children and their teenagers and that something needs to be done about. This kind of action will make it that much harder for anyone to intervene even when there is strong evidence of abuse. It is also likely to make these groups more closed and more secretive and more likely to abuse.
In many respects, I think what's going on in these groups is a direct result of legal persecution of their religion that has been going on for generations. Because their religious practice are illegal, they have become secretive closed societies that operate in an underground world. The groups share many aspects with organized crime gangs. Once you have lost respect for the law, it becomes easier to violate more and more laws.
Posted by Samprimary (Member # 8561) on :
quote:I wish she had been more specific. Brainwashing is a highly controversial idea. But unless I misunderstand, they are using physical pain likely on the very young as a method of indoctrination.
She's probably using brainwashing as a catchall term for the overall system of mental and social conditioning and purposeful isolation. It wouldn't surprise me in the least if the overall social conditioning is also punctuated with some rather obscene compliance motivation techniques hidden from sight.
Also hey guys I really want to know about the initial caller to the police who sparked this whole thing. If they don't start releasing more details about this mystery person can we start assuming that it may have been a poser call?
Posted by Amanecer (Member # 4068) on :
It's sounding like a poser calling is a real possibility. Posted by Scott R (Member # 567) on :
quote:The groups share many aspects with organized crime gangs.
"Eh, Jedediah. You take care of that thing?"
"Just 'bout. Look, me and the old woman we're going to go milk the cows. Then I'll take care of it."
"Which?"
"What?"
"Jedediah, which o' your old ladies're you going out milking with?"
"Penelope."
"All right. You got what you need to take care of that thing?"
"Sure, sure. No problem. Badda-bing."
quote:I think that there is a growing body of evidence that these people do abuse their children and their teenagers and that something needs to be done about. This kind of action will make it that much harder for anyone to intervene even when there is strong evidence of abuse. It is also likely to make these groups more closed and more secretive and more likely to abuse.
According to Voss, there have been no allegations of abuse toward the younger children, or toward any of the boys.
Posted by Belle (Member # 2314) on :
quote:According to Voss, there have been no allegations of abuse toward the younger children, or toward any of the boys.
A lot of people keep saying this, but I'm not sure it matters.
I mean, at the very least, the boys are watching a community that finds it acceptable for girls as young as 13, according to some reports, to be married off to much older men and then have sex in a bed inside a church. How is that a positive environment for a boy to grow up in, an environment in which he comes to respect women as individuals with rights? It seems more to me that this group treats girls as the property of men, and in my opinion, raising boys in that environment is not healthy for them.
What concerns me the most are the reportst that the women seem incapable of making decisions outside the group, that they aren't exercising independent thought and evidence of free will to make decisions about their own lives. That just isn't right...and it isn't right for boys to be raised in an environment that treats that as okay.
Posted by scholarette (Member # 11540) on :
I thought that it was pretty well established that many of the boys are abandoned as teenagers, without any money, skills, knowledge of the outside world or support?
Posted by Samprimary (Member # 8561) on :
quote:Gideon is one of the ''Lost Boys," a group of more than 400 teenagers -- some as young as 13 -- who authorities in Utah and Arizona say have fled or been driven out of the polygamous enclaves of Hildale, Utah, and Colorado City over the last four years.
His stated offenses: wearing short-sleeved shirts, listening to compact discs, and having a girlfriend. Other boys say they were booted out for going to movies, watching television, and staying out past curfew.
Some say they were sometimes given as little as two hours' notice before being driven to St. George or nearby Hurricane, Utah, and left like unwanted pets along the road.
The men with the most power in this society will actively work to excommunicate the sons of rivals and less powerful families, not only because it consolidates breeding availability and wealth for their own family line but because they often want more of the pool of women in the recently 'available' generations (age 13 or so up) made available to them as new harem stock and they dislike having to share them with boys even remotely of the women's same generation.
The women, in addition to having it worse involving the whole arranged marriages thing, are also legitimately being subject to a real-live honest-to-God eugenics program run by the cult founder to breed women to be more docile. I am not making this up. They're explicitly and intentionally breeding in stupidity and complacency into the females. Those that have been "rescued" are not exactly well functioning members of society.
And, of course, the remaining pool is beginning to inbreed fantastically and generate endemic birth defects.
The FLDS is a profound picture of almost dystopic societal dysfunction.
[Replaced links to same article from (I think) more neutral party. --PJ]
[ April 20, 2008, 06:14 PM: Message edited by: Papa Janitor ]
Posted by Scott R (Member # 567) on :
Belle:
From the last AP article I linked to:
quote:A witness for the parents who was presented by defense lawyers as an expert on the FLDS disputed the state's contention that a bed in the retreat's gleaming white temple was never used to consummate the marriages of underage girls to much older men.
Instead, W. John Walsh testified, it is used for naps during the sect's long worship services.
"There is no sexual activity in the temple," Walsh said.
Now, I haven't heard that they found evidence that the bed was used to consummate marriages. Have you?
quote:What concerns me the most are the reportst that the women seem incapable of making decisions outside the group, that they aren't exercising independent thought and evidence of free will to make decisions about their own lives. That just isn't right...and it isn't right for boys to be raised in an environment that treats that as okay.
Independent thought, free will-- those things are culturally subjective, wouldn't you say?
From a certain standpoint, Christianity is opposed to both independent thought and free will. Empowering an organization to police belief is a terrible idea. It sucks that the point has to arise over so despicable a group as the FLDS seem to be-- but here we are.
There is no question that if what we've heard about the doctrines of the FLDS church is true that it is an evil (or at least enormously mistaken) organization, and that we need to watch them very carefully to make sure that their actions do not cause harm to the people within their communities. But sacking them because of their beliefs? That idea doesn't sit well at all with me.
I don't know why no allegations of child abuse toward the younger crowd or toward the boys has been made. I can think of one pretty good reason, though-- there's no evidence to base the allegations on.
Posted by Scott R (Member # 567) on :
Also, Samprimary--
I think that site you linked to is an explicitly anti-Mormon site. The Cards have asked in the past that we not link to anti-Mormon sites from this board.
Posted by Scott R (Member # 567) on :
And also-- as long as I'm posting--
quote: How is that a positive environment for a boy to grow up in, an environment in which he comes to respect women as individuals with rights? It seems more to me that this group treats girls as the property of men, and in my opinion, raising boys in that environment is not healthy for them.
It's not a good environment, if what we've heard is true. But neither is the ghetto. Or many trailer parks. Or small towns. Or any number of environments with high poverty, low formalized education, low job rates, etc.
Is the environment criminal? That's the question CPS needs to answer.
Posted by Sharpie (Member # 482) on :
quote:Originally posted by Scott R: And also-- as long as I'm posting--
quote: How is that a positive environment for a boy to grow up in, an environment in which he comes to respect women as individuals with rights? It seems more to me that this group treats girls as the property of men, and in my opinion, raising boys in that environment is not healthy for them.
It's not a good environment, if what we've heard is true. But neither is the ghetto. Or many trailer parks. Or small towns. Or any number of environments with high poverty, low formalized education, low job rates, etc.
Is the environment criminal? That's the question CPS needs to answer.
I don't know the answers to this from a law perspective. I know that I grok where you are coming from.
Someone used an illegal drug use analogy. "What if a person raised a kid to believe that illegal drug use was morally okay? We couldn't take their kid away for teaching them something." But it's not QUITE that here, at least from what I'm reading. It's more like someone raising the kids in the community to EXPECT that at age 14 they would start taking the drugs. And year after year, each kid sees exactly that happen. Their friend Biff and their cousin Angie and their older sister. So at age eight, such a kid is not taking part in anything illegal. But he fully expects and the adults remind him and the older kids are doing it -- they all PLAN for this to happen.
What is our responsibility to this kid?
Posted by steven (Member # 8099) on :
I can't believe anybody is actually defending underage marriage. I mean, sure, my great-great grandmothers were probably all married and pregnant by age 14 or 15, but...that's not any reason to cut these people any slack, is it?
Posted by Morbo (Member # 5309) on :
Scott, it's an AP story. Although the rest of the site is totally anti-Mormon. A different link.
It's a sad story.
[Replaced link to same article from (I think) more neutral party. --PJ]
[ April 20, 2008, 06:15 PM: Message edited by: Papa Janitor ]
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by Scott R:
quote:The groups share many aspects with organized crime gangs.
"Eh, Jedediah. You take care of that thing?"
"Just 'bout. Look, me and the old woman we're going to go milk the cows. Then I'll take care of it."
"Which?"
"What?"
"Jedediah, which o' your old ladies're you going out milking with?"
"Penelope."
"All right. You got what you need to take care of that thing?"
"Sure, sure. No problem. Badda-bing."
Ha! Ha! Ha!
Your are just showing your ignorance of the issues. I know nothing in particular about the finances of this particular group but The Kingson Organization (a polygamist group whose leader has been convicted of incest, accessory to rape and other crimes) has a financial empire worth over $200 million dollars. No one knows exactly how much sense many of the groups holdings are deliberately hidden. Their businesses include a coal mine that was grossing of 1 million dollars per day in 2002, a vending machine company, a bail bond company, a grocery store, pawn shops and dozens more.
Perhaps you are old enough to remember Ervil LaBaron who ordered two of his wives to murder the leader of a rival polygamous group, Rulon Allred.
Posted by steven (Member # 8099) on :
I'd bet my next paycheck none of the FLDS people actually have/use their own milk cows. I know some Mennonites who do, but they're a little too busy milking twice a day to murder and steal, so far as I can tell.
Really, Scott...
Posted by The Rabbit (Member # 671) on :
quote:
quote:I think that there is a growing body of evidence that these people do abuse their children and their teenagers and that something needs to be done about. This kind of action will make it that much harder for anyone to intervene even when there is strong evidence of abuse. It is also likely to make these groups more closed and more secretive and more likely to abuse.
According to Voss, there have been no allegations of abuse toward the younger children, or toward any of the boys.
Scott, What was your point in stripping this out of my post. You give a completely wrong impression of what I said and the point I was making.
If you had bothered to read my post rather than operating under some preconcieved notion of what I was going to say, you would have noted that I was agreeing with you. I said Voss' testimony was particularly damning and was evidence that Texas was indeed out of line.
The first line in that paragraph you quoted read
quote:This really pisses me off not just because of the religious persecution involved (although that is of concern) but also because it will make it harder to prosecute these rapists.
There is evidence from many other cases that these polygamist groups systematically abuse their children. Unfortunately because these groups are so secretive and closed it is extremely difficult to get enough evidence to prosecute them. Like organized crime gangs, prosecutors have to rely on the testimony of individuals who have been inside these groups. The fact that Texas went in with "guns blazing" and apparently removed this children with out finding evidence of physical abuse will make it even harder to protect children who are being genuinely abused. Its a classic "cry wolf" scenario.
Posted by MattP (Member # 10495) on :
quote: I know nothing in particular about the finances of this particular group but The Kingson Organization (a polygamist group whose leader has been convicted of incest, accessory to rape and other crimes) has a financial empire worth over $200 million dollars. No one knows exactly how much sense many of the groups holdings are deliberately hidden. Their businesses include a coal mine that was grossing of 1 million dollars per day in 2002, a vending machine company, a bail bond company, a grocery store, pawn shops and dozens more.
This is a fraction of the money that the LDS church has in various business interests. If you had left the dollar figures and specific businesses out of your description, it could have applied to either organization, or any number of others.
Posted by The Rabbit (Member # 671) on :
quote:This is a fraction of the money that the LDS church has in various business interests. If you had left the dollar figures and specific businesses out of your description, it could have applied to either organization, or any number of others.
Yes, but when you consider that the LDS church has 10,000 times as many members as the Kingston clan. I think that makes a difference in interpretation of the numbers.
Furthermore, my point was that Scott's characterization of these groups as quaint farmers who still milked their own cows didn't quite fit the picture.
Posted by MattP (Member # 10495) on :
OK. For some reason I was picking up a "church that owns businesses = organized crime" vibe there. My bad.
Posted by Scott R (Member # 567) on :
quote:Your are just showing your ignorance of the issues.
Er...that's an interesting reaction.
I think your farce-o-meter isn't functioning.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by Scott R:
quote:Your are just showing your ignorance of the issues.
Er...that's an interesting reaction.
I think your farce-o-meter isn't functioning.
While it was obviously a farce, it was also pretty clearly a farce intended to poke fun at the idea that these "simple farmers" might be involved in racketeering.
My farce-o-meter often doesn't function well when people strip quote me in attempt to deliberately misrepresent what I said.
I was agreeing with you Scott, are you so petty that you can't even graciously win an argument?
Posted by katharina (Member # 827) on :
The Funny is its own justification
Alternately: If someone "wins", it's obvious. If someone makes a cogent point, demolishes an opponent's logic, or has the most convincing evidence, it's obvious. There is no judge and no trophies being passed out, so "winning" an argument is its own reward.
Demanding that the other person bow down in response is unnecessary.
Posted by Dagonee (Member # 5818) on :
quote:Is the environment criminal? That's the question CPS needs to answer.
I'm hoping someone posts the transcript soon - the excerpts themselves do sound problematic.
However, this proposition is incorrect. There are a significant number of environments warranting removal of children wherein the environment itself is not criminal.
Posted by Scott R (Member # 567) on :
Hm...agreeing with Dag a bit. 'Criminal' is perhaps too strong a word.
I've worked with families (through Church) to help them get their homes clean and get their kids' on a livable schedule in order to keep the parents from losing custody. There was nothing criminal about their environment; but it was definitely unsanitary and unhealthy. So, yeah-- criminal's a bit much.
quote:are you so petty that you can't even graciously win an argument?
I don't understand how I'm being petty.
Posted by steven (Member # 8099) on :
"I've worked with families (through Church) to help them get their homes clean and get their kids' on a livable schedule in order to keep the parents from losing custody."
LDS families?
Posted by The Rabbit (Member # 671) on :
quote:
quote:are you so petty that you can't even graciously win an argument?
I don't understand how I'm being petty. [/QB]
Then respond to the first question I asked.
quote:Scott, What was your point in stripping this out of my post. You give a completely wrong impression of what I said and the point I was making.
Posted by katharina (Member # 827) on :
quote:Originally posted by steven: "I've worked with families (through Church) to help them get their homes clean and get their kids' on a livable schedule in order to keep the parents from losing custody."
LDS families?
Why not? The point of church is in part to perfect the Saints, not to allow only those who are already perfect. That would be an extremely small church. There would be tumbleweeds.
Posted by steven (Member # 8099) on :
This isn't a fight, kat. I honestly had no idea, and still don't.
Posted by Scott R (Member # 567) on :
Rabbit:
I think that you're reading a hostility in my posts that isn't there.
I don't understand how you think I've mischaracterized your arguments. From my point of view you said something (for example, "...these polygamist groups systematically abuse their children.") that seems to be contradicted by Voss' statements-- that no allegations of abuse have been leveled on behalf of younger children and boys from this group in Texas.
quote: my point was that Scott's characterization of these groups as quaint farmers who still milked their own cows didn't quite fit the picture.
Of course it didn't. It was FARCE. There was no argument made against anything you said-- merely a comment on the incongruousness of the stereotypical fundamentalist lifestyle and the stereotypical mafia lifestyle.
steven:
Mostly LDS families. Taken as an aggregate, most of my service opportunities come from the Church because of shared viewpoints and an effective organization. In other words-- it's difficult to find needy families that are willing to accept your help if you're working solitaire. One does not generally walk into a dilapidated old home and say, "This place is a wreck! I'ma clean it up! And mentor your kids! And teach them how to take a bath and brush their teeth and change their clothes and..."
Well...not in my part of the world, anyway.
Posted by Samprimary (Member # 8561) on :
I went and found my old link just to go look at the site it was hosted on.
.. it's like the cumulative years of wacky obsession from a rabidly anti-Mormon dip. Hah, wow.
Too bad, really, because that link had the best pictures for the AP article. Sorry I wasn't around to fix that myself.
Posted by ElJay (Member # 6358) on :
Scott, the rest of Rabbit's post was specifically railing that it looked like the children were removed because of the FLDS's religious beliefs and not because anyone but the adolescent girls were being abused. The section you quoted was only talking about marrying young girls to older men. The rest of the post was saying that going just by Voss's statements the rest of the children shouldn't have been removed.
quote:D*#@N, This is what people have feared. If this is indeed the grounds on which the children were taken into custody the the Texas CPS has indeed overstepped their bounds.
quote:But even if I could imagine a case where parents teaching their children their beliefs amounted to abuse, I can not possibly see how that could justify emergency removal of the children. Certainly the children were not in immediate danger.
I agree with her that your selected quote mischaracterizes the overall theme of her post.
Posted by Scott R (Member # 567) on :
I disagree with you, ElJay.
Rabbit specified "children and teenagers." Assuming she means what she says, and that by 'children' she means prepubescent children (otherwise, why delineate "teenagers") her statement contradicts what Voss said.
Furthermore, Rabbit stated, speculating about the case in Texas:
quote:Even if prepubescent children were not be sexually abused, they may have been physically abused. In fact based on what I know about several polygamous groups, I think its likely that the group encouraged severe corporal punishment of its children. At this point that is just speculation but it is no more unfounded than the speculation that there was no abuse of the younger children.
EDIT: That was from page 5, before I posted Voss' statements.
I don't feel like I'm being petty, vindictive, or persecuting Rabbit in any way. I don't feel I've mischaracterized her arguments in the least.
Posted by Dagonee (Member # 5818) on :
The judge ruled that continued custody was appropriate. This does not mean she has ruled that taking them into custody in the manner done was appropriate.
Posted by ElJay (Member # 6358) on :
I also don't think you're being petty, vindictive, or persecuting, for the record. Just that there's a miscommunication. And I don't think that her speculation from page 5 can still be held relevant after new information became available.
Posted by Scott R (Member # 567) on :
Dag:
How soon will they make the transcripts publicly available?
Posted by Dagonee (Member # 5818) on :
quote:How soon will they make the transcripts publicly available?
I don't know if they will. Someone will have to order the transcripts (and pay for them) and then post them. Since it seems to have been public, I'm pretty sure it's allowed. But it's not clear it will happen absent someone deciding to make it happen.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by Scott R: Rabbit:
I think that you're reading a hostility in my posts that isn't there.
I don't understand how you think I've mischaracterized your arguments. From my point of view you said something (for example, "...these polygamist groups systematically abuse their children.") that seems to be contradicted by Voss' statements-- that no allegations of abuse have been leveled on behalf of younger children and boys from this group in Texas.
Scott, Within the context of the rest of my post, including the line immediately preceding the part you strip quoted, I don't see I could have made it more obvious that I thought Voss' testimony indicated that they lacked sufficient evidence for emergency removal of the children in this case.
My assertion that there is evidence that these (meaning a variety of polygamous sects and not solely the one in question) abuse both their children and their teenagers, was based on previous cases and the testimony of women who have left these sects and not specifically within this case. I thought that was obvious and quite honestly given the full context of my post I simply can't see how you could have made this mistake unless you didn't bother reading the post and just jumped on the first thing you found offensive.
I presume that when Voss said there have been no allegations of abuse of the younger children or boys she was referring specifically to allegation from the TPCS in this incident. If she was claiming that there have never been any allegations by any source, then she is clearly wrong.
Posted by The Rabbit (Member # 671) on :
quote:I disagree with you, ElJay.
Rabbit specified "children and teenagers." Assuming she means what she says, and that by 'children' she means prepubescent children (otherwise, why delineate "teenagers") her statement contradicts what Voss said.
Scott, Since I began that post by stating that based on Voss's testimony, TCPS had acted inappropriately, I can't see any possible way that you could justify the claims you are making. Your persistence in making those claims based on posts I made BEFORE Voss' testimony is either petty or stupid.
If you honestly misunderstood the point I was making, then an apology is in order. But so far, all you have done is persisted in making the claim despite further clarification.
The quote you stripped from my post, gives an impression that is opposite of the point I was trying to make and which ElJay at least got. That is why it is a misrepresentation of my view. Do you get it now?
By taking that quote out of context, you implied and are continuing to argue that I had not changed the position I held prior to reading the exerts from Voss' testimony. I have changed that stance and was agreeing with you that there is now evidence that TCPS overstepped its bounds. I don't see how I could have been clearer about that in my post.
[ April 21, 2008, 06:47 PM: Message edited by: The Rabbit ]
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by ElJay: I also don't think you're being petty, vindictive, or persecuting, for the record. Just that there's a miscommunication. And I don't think that her speculation from page 5 can still be held relevant after new information became available.
If he wasn't being petty and vindictive, then he would admit that he had misunderstood after I clarified rather than continuing to repeat the same BS.
Posted by The Rabbit (Member # 671) on :
Also Scott,
The point I was trying to make in that paragraph you strip quoted, was that when Child Protective Services oversteps its authority in a high profile case, it makes it harder for CPS is intervene when children are truly at risk. So the impact potentially reaches far beyond this case. Is that a point you disagree with or did you just miss it?
Posted by Scott R (Member # 567) on :
quote:This really pisses me off not just because of the religious persecution involved (although that is of concern) but also because it will make it harder to prosecute these rapists. I think that there is a growing body of evidence that these people do abuse their children and their teenagers and that something needs to be done about. This kind of action will make it that much harder for anyone to intervene even when there is strong evidence of abuse. It is also likely to make these groups more closed and more secretive and more likely to abuse.
That's the paragraph in complete.
The only issue I had with it was that you maintained that there was abuse of children and teenagers, and Voss' testimony appears to contradict that.
That was the point I was making-- I don't have even the slightest inclination to examine your motivations, Rabbit. It seemed to me you were making a factual error, and I was pointing that out.
I understood that you seem to think that there was insufficient evidence for the removal of the children, as demonstrated by Voss' testimony. My point was something completely separate from that. You were making statements about the polygamists' lifestyle that may be contradicted by things the CPS witness was testifying.
Do you think we're talking past one another?
Posted by The Rabbit (Member # 671) on :
quote:The only issue I had with it was that you maintained that there was abuse of children and teenagers, and Voss' testimony appears to contradict that.
Scott, You may be talking past me but I thought I have been very specific in addressing your posts and why I took offense.
Since I haven't been clear yet, let me try one more time. Early on in this thread I said I was waiting for further evidence to develop before drawing conclusions about whether or not CPS had acted improperly. When you posted the exerts of Voss' testimony, I immediately posted to indicate that with the new evidence I was changing my stance.
Not only have you never acknowledge that, but you continue to argue as though I never made those statements and continuing to argue a side issue. To me, that seems petty.
In my earlier posts I had indicated evidence outside this case that many of these polygamous cults encourage severe corporal punishment of young children. My most recent comment was in reference to that earlier evidence. Nothing Voss said contradicts that evidence. All it says is that TCPS has made no allegations of such abuse based on their findings in this case.
I think its outrageous that they removed these young children under emergency powers if there was no evidence that the children were in immediate danger, regardless of what evidence in earlier cases. Not only is that a gross violation of these families' rights, it will make it harder for CPS to protect children who really are in danger and harder for the courts to prosecute crimes of these polygamous cults when they actually exist.
If you want to keep arguing about whether Voss' comment contradicted my statement, go ahead.
Posted by The Rabbit (Member # 671) on :
quote:You were making statements about the polygamists' lifestyle that may be contradicted by things the CPS witness was testifying.
A statement that CPS was making no allegations of abuse of the younger children and boys says at most they did not find evidence of such abuse in this case. If your point is solely that evidence for this does not appear to have been found in this raid, then we are in agreement.
If your point is that all allegations that these groups abuse their children have been disproven by Voss' testimony, you need a course in logic.
Posted by Scott R (Member # 567) on :
Though how in the world a foster system that, in most states, is already overworked, is going to absorb 437 kids, I have no idea.
Posted by The Rabbit (Member # 671) on :
Belle, Texas will have an easier time with this than most states simply because of its size. As I posted earlier, this is only a 1.5% increase in the number of children in Foster Care in Texas.
The bigger problem I see is the difficulty in keeping syblings together. One of the reasons that they state for continuing to hold all the children is that they can't verify familial relations.
Posted by scifibum (Member # 7625) on :
There's an interesting (sad) problem for the state there regarding how they define familial relationships for purposes of organizing the children into homes.
Posted by The Rabbit (Member # 671) on :
Even if they go with simply defining all children with the same mother as syblings, many of these women have alot of children. How many foster homes would be able to take 8 or 10 children?
Posted by Samprimary (Member # 8561) on :
quote:The bigger problem I see is the difficulty in keeping syblings together. One of the reasons that they state for continuing to hold all the children is that they can't verify familial relations.
The familial relations are further complicated because a lot of the children are taken by new homes when men in the compound are excommunicated to free up some wives.
Posted by Belle (Member # 2314) on :
The thing is, according to the report I saw, they are trying to keep all of them in a five-county area, so that they are all within easy driving distance of therapists, lawyers, and social workers that they have to all meet with weekly. So, we're not talking about the entire state of Texas absorbing these kids, but rather a small section of Texas.
What a nightmare for all involved.
Posted by Shan (Member # 4550) on :
quote:Originally posted by Dagonee:
quote:How soon will they make the transcripts publicly available?
I don't know if they will. Someone will have to order the transcripts (and pay for them) and then post them. Since it seems to have been public, I'm pretty sure it's allowed. But it's not clear it will happen absent someone deciding to make it happen.
If the children (and/or adult women) are considered victims of a crime, I doubt those transcripts will be made public anytime soon.
I've been out of the victim services field for a while, but I seem to recall that this information, particularly in the case of children, was not made public.
The federal VOCA might offer some ideas about if and when we could see transcripts.
*toys with the idea of reviewing VOCA and decides not -- too tired -- maybe tomorrow*
Do you know, Dags, how the victim-witness protections are applied these days?
Edit: so, I'm looking at this website WCSAP which talks about the loss of privacy for victims bringing suit . . . but that's not the case here, at this point . . .
*wanders off to dig a wee bit more*
So much for tired.
Hmmm . . . well, here's WA state statute on "rape shield" laws for criminal and civil cases:
quote:State Statutes States may restrict the release of the name or other identifying information about the victim. More common is the confidentiality of the victim's address or phone number. Laws also exist to protect financial, medical, employment and other records. States have laws regarding the release of information by courts, law enforcement, medical facilities, social service agencies and other government agencies . . . There are state laws that prohibit the media from publication or broadcast of a victim's identity, photo, address or similar identifying information.
Privacy Rights of Sexual Assault Victims In many states, the identity and the address of a victim of sexual assault is confidential. Many states prohibit the publication of such information. These laws exist in part to encourage the reporting of an offense which has historically carried much stigma to the victim. . . . In Texas, the victim is given a pseudonym on request to the court (although the victim's name is still released to the defendant and the defense attorney). . . . After indictment, a minor victim may still have his or her identity protected upon request to the court.
[ April 23, 2008, 12:28 AM: Message edited by: Shan ]
Posted by Dagonee (Member # 5818) on :
quote:If the children (and/or adult women) are considered victims of a crime, I doubt those transcripts will be made public anytime soon.
I've been out of the victim services field for a while, but I seem to recall that this information, particularly in the case of children, was not made public.
The hearing was public, though - it was reported in the press, including direct quotations from the judge and witnesses. I'm aware that many proceedings are not made public, but it's rare that the proceeding is public but the transcript is kept sealed.
Posted by Scott R (Member # 567) on :
quote: they are trying to keep all of them in a five-county area, so that they are all within easy driving distance of therapists, lawyers, and social workers that they have to all meet with weekly. So, we're not talking about the entire state of Texas absorbing these kids, but rather a small section of Texas.
The AP reported early this morning that the kids will be moved into 16 different facilities that are located all over Texas.
quote:CPS said in its placement plan — attached to Walther's order — that it will try to place mothers under 18 with their children and to keep sibling groups together. Some of the families may have dozens of siblings.
Boys ages 8 and older will likely be placed in a setting similar to that where dozens of teen boys were taken last week, a Boys Ranch near Amarillo in the Texas Panhandle some 250 miles from Eldorado.
The CPS document lists facilities all around Texas — as far as Houston, about 500 miles away — where the children may be placed in what is one of the largest custody cases in U.S. history.
Posted by Belle (Member # 2314) on :
I guess they had to, in order to find room for so many people. It sure will make court proceedings inconvenient.
Posted by ketchupqueen (Member # 6877) on :
I'm on the computer where I can't link, but the AP is reporting that the phone number used to make the original call has been linked to the CO woman who was a "person of interest" last week but hasn't been arrested yet. Can someone else link it?
Posted by steven (Member # 8099) on :
Here's a link to the story. I doubt this will go anywhere. The girl who made the original call used lots of language that is specific to the FLDS church, according to a woman on NPR who was in a that church for many years, and only left a few years ago.
Posted by dkw (Member # 3264) on :
Is anyone else bothered by the term "spiritual marriage" as used in these news stories?
I understand that they're trying to make the point that these are not legal marriages, but from the perspective of the FLDS there are the same as any other marriage, no? There is not a special category in their teaching for underage marriage, which is what the constant use of the term seems (to me) to imply. And to folks who don't agree with the FLDS teaching there's nothing "spiritual" about it.
Posted by Occasional (Member # 5860) on :
There has been a long history of the use of "spiritual marriage" with Mormonism that goes back to Joseph Smith. For the non-believer it has been a way to mock that marriages as insisting that they are, as you said, not that same as recognizable marriages. For believers it has been a way to contextualize the marriage rather than reject it as a marriage per se. Those against it use it as a pejorative and those for it as a description of its holy significants.
Posted by katharina (Member # 827) on :
I don't think it is the term meant for marriage to minors. It is the term meant for marriages undertaken for spiritual reasons but are not consummated. I think.
Posted by dkw (Member # 3264) on :
Thanks for the context. I still think that either of those motives (pejorative or describing holiness) would be inappropriate for a news reporter. I wish they'd find a different term.
Posted by dkw (Member # 3264) on :
kat, if that's the case then the reporters are definitely using the wrong term, since it most often seems to show up in a sentence about young girls being "spiritually married" to and having sex with older men. Or being pregnant.
Posted by katharina (Member # 827) on :
I agree that whatever the definition is (it seems to mean different things in different contexts), it is not being used appropriately by the news reporters.
I did find a cite to it in legislation from the 19th century. It is definitely a historical term.
Posted by steven (Member # 8099) on :
We're all in agreement that, in the FLDS church, men in their 40s and 50s are marrying and having children with 14 year olds, right?
Posted by kmbboots (Member # 8576) on :
In Catholicism "spiritual marriage" historically referred to marriage without sex. In this case though, it seems that they were using "spiritual" to distiguish it from "legal".
It sounds better than "rape".
Posted by katharina (Member # 827) on :
While the subsets overlap, they are not identical.
Precision in this case is important.
Posted by steven (Member # 8099) on :
"Precision in this case is important."
It's statutory rape in pretty much all the 50 states, and it's institutionalized/sanctioned by the FLDS church, too. Is that precise enough?
Posted by katharina (Member # 827) on :
Spiritual marriage also seems to refer to the relationships between all the plural wives and the man.
Is it statutory rape if both people are over 30 years old? It isn't, and that's why precision is important.
Unless you want to classify ALL sexual relationships outside of legal marriage as rape.
Posted by kmbboots (Member # 8576) on :
steven, I think it is only technically, provably, rape when the "bride" is under the age of consent. If there are older "brides" it would not necessarily be rape.
Though, for me, the moral distinctions among raising a child to believe that she must submit, forcing her to submit, and statutory rape are pretty darn fuzzy, the legal distinctions are likely more specific.
Posted by Samprimary (Member # 8561) on :
quote:Texas officials believe another 25 moms at sect are under 18
1 hour ago
SAN ANGELO, Texas (AP) — The number of children in Texas custody after being taken from a polygamist retreat now stands at 462 because officials believe another 25 mothers from the compound are under 18.
Child Protective Services spokesman Darrell Azar says the girls initially claimed to be adults but are now in state custody. Earlier they had been staying voluntarily with their children at a shelter at the San Angelo Coliseum.
The official number of children taken from the ranch controlled by the Fundamentalist Church of Jesus Christ of Latter Day Saints has been rising since a state raid three weeks ago. One reason is that some mothers under 18 claimed to be adults.
Roughly 260 children remain at the coliseum. The others were bused to foster facilities.
Posted by Artemisia Tridentata (Member # 8746) on :
Until the last rewrite of the Idaho state constitution, persons "who believed in spiritual marrage" were not permitted to vote.
Posted by BannaOj (Member # 3206) on :
I noticed that in some of the "stock" footage I've seen on TV recently the number of blurred faces has appeared to increase... of course they should have blurred them all to begin with IMO.
Posted by roxy (Member # 3416) on :
What do you guys think about the protest at the Jazz/Rockets game?
Posted by DDDaysh (Member # 9499) on :
I'm just appalled at how the government has handled this.
Posted by roxy (Member # 3416) on :
I guess none of the local tv stations here in SL covered the protest. I'm a big Jazz fan, but I still think it should have been covered.
Posted by Scott R (Member # 567) on :
Anyone catch Nightline last night? They made the state look terrible.
At one point during the seizure of the children, an FLDS mother asked if she could see a warrant or some documentation of the action; she was told that one of the lawyers had the document, and that she was not allowed to see it.
Just...wow. The state needs to start justifying their extraordinary actions. To this point, I don't feel that's been done.
Posted by ketchupqueen (Member # 6877) on :
That is insane.
Posted by aspectre (Member # 2222) on :
Be leery of accepting any claims made by any woman from the ranch. I've heard interviews in which they've stated that they were unaware of the rape of underaged girls through "spiritual marriage"s to pedophiles. It is totally uncredible that those women could have been unaware that 31 of 53 girls between the ages of 14 and 17 are pregnant and/or already have children.
The "Austrian cellar" cases also makes me wonder how many FLDS girls have been buried in unmarked graves after being raped, then murdered for refusing to accept that the rape was a marriage.
[ April 28, 2008, 05:38 PM: Message edited by: aspectre ]
Posted by MattP (Member # 10495) on :
quote:It is totally uncredible that those women could have been unaware that 31 of 53 girls between the ages of 14 and 17 are pregnant and/or already have children.
Do they celebrate birthdays? There are cultures in the world where people honestly don't know their own ages and girls and boys marry off when they become physically mature. I don't know if this might be the case for this group, but it's an idea.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by Scott R: The state needs to start justifying their extraordinary actions. To this point, I don't feel that's been done.
They haven't justified it to us, although it does appear that they justified the actions sufficiently for the courts.
Unfortunately, we don't have access to the information presented to the court or a rational for the courts decision. Under most circumstances where there had been accusatios of child abuse, I would say that they don't have any obligation to reveal those things to the general public. In fact, it would probably violate the child's privacy.
But this isn't an ordinary circumstance. This is a high profile case that's all over the news. The nature of the group involved alone arouses suspicions of unfair prejudice. Under these circumstances, I think that Texas does need to justify its actions to the general public. If they don't the public backlash is likely to hurt the ability of the state to protect children who are in imminent danger.
Posted by aspectre (Member # 2222) on :
The doctrine of the group makes it impossible to have unfair prejudices.
Posted by Dagonee (Member # 5818) on :
quote:But this isn't an ordinary circumstance. This is a high profile case that's all over the news. The nature of the group involved alone arouses suspicions of unfair prejudice. Under these circumstances, I think that Texas does need to justify its actions to the general public. If they don't the public backlash is likely to hurt the ability of the state to protect children who are in imminent danger.
I agree, but I think it needs to happen after this runs its course in the courts. That's conditioned on proper counsel being provided for the parents and as guardian ad litem for the kids.
quote:The doctrine of the group makes it impossible to have unfair prejudices.
Not true. There are many unfair prejudices to be had against the group. The easy example is the children - there are many possible actions that could be "justified" by prejudices against this group that would be unfair to the children.
Posted by brojack17 (Member # 9189) on :
I have a quick question, if those who know don't mind answering. If you do, just tell me to shove off and I won't get upset.
According to this quote from CNN.com:
quote:The sect, which broke from the Church of Jesus Christ of Latter-Day Saints more than a century ago, believes polygamy brings glorification in heaven. Its leader, Warren Jeffs, is revered as a prophet. Jeffs was convicted last year in Utah of forcing a 14-year-old girl into marriage with an older cousin.
the FLDS group differs from mainstream Mormons in the area of polygamy. Is that true or are there other areas?
There are fundamentalist groups of Southern Baptists out there that I don't agree with. My dad's best friend is one. They think drums are the devils instrument and women have to wear skirts all the time and must be completely subservient to men. I call them a hardcore Southern Baptist group. Is the FLDS similar to this Southern Baptist group (a hardcore version of the mainstream belief of that religion)?
Thanks.
Posted by ketchupqueen (Member # 6877) on :
Yeah, the LDS church also teaches that women are of equal worth to men, and that while we believe in a patriarchal order, that does not mean that women must blindly follow orders from men in our families. We have an equal right to recieve revelation, direct our own lives, and make our own decisions, and "disobeying" our husbands isn't ground for a beating. In fact, our husbands are not only told it is unacceptable to beat us, they're told it's unacceptable to order us around; they should be the head of the household but should lead by loving example and gentle persuasion, never force or coersion, and should turn to their wives as equal partners in the marriage.
Posted by Javert (Member # 3076) on :
quote:they should be the head of the household but should lead by loving example and gentle persuasion, never force or coercion, and should turn to their wives as equal partners in the marriage.
Emphasis mine.
How is this not contradictory? If you're equal, isn't it impossible for one of you to be the head? Or do "household" and "marriage" mean two different things?
Posted by Scott R (Member # 567) on :
Being head of my household means being wise enough to recognize that the heart of my household has an equally important role.
Posted by Javert (Member # 3076) on :
quote:Originally posted by Scott R: Being head of my household means being wise enough to recognize that the heart of my household has an equally important role.
Ah, so 'head' as a body part as opposed to meaning 'boss'?
In that case, I want to know who the kidney of the household is.
Posted by Scott R (Member # 567) on :
:points at aspectre's first link:
That kind of explains the state's press, here. From what I understand, there is definitely a widespread, culturally approved, system of abuse within the compound in Texas.
I'm not approving their [EDIT]the state's[/EDIT] actions, but they make a bit more sense now.
[ April 29, 2008, 10:31 AM: Message edited by: Scott R ]
Posted by katharina (Member # 827) on :
quote:Is that true or are there other areas?
That was the essential that broke them off, but after a hundred years apart, there are many other differences.
First, there are all the things that have come out in the past one hundred that the FLDS have not been a part of. The revelation on the priesthood, family home evening, the change into a worldwide church, correlation, area authorities, the creation of a couple more quorums of the seventies - all that stuff.
Then, there are all the practices that the FLDS have developed that are not part of the Church. I don't know hardly anything about the FLDS, but looking at the pictures, regular Mormons don't dress like they are from Little House on the Prairie and it seems like the FLDS don't have a lot of talks about equality in marriage.
So, while polygamy may have been the original difference, after a century others have surely arisen.
Contrast that with the Community of Christ church. This is the group that split with the main body of the church when Brigham Young took everyone West, and their contention is that polygamy was Brigham's idea, not Joseph's. I'm not sure what they do with the many, many accounts from and concerning Joseph's plural wives. In 150 years, although they started from the same place, the Community of Christ downplayed the First Vision, the Book of Mormon, and many other distinctive historical events and doctrines and become more and more like non-Mormon Protestant churches.
Thanks KQ and kat. I figured it was something like that, but the CNN.com quote made it sound like this is the only difference. I knew that probably wasn't the case though.
Posted by ketchupqueen (Member # 6877) on :
It is so nice when people ask instead of assuming that we're otherwise the same. Thank you for asking.
Posted by Dan_raven (Member # 3383) on :
brojack, FLDS is a cult that broke away from the Church of Latter Day Saints and has essentially remained a cult, most recently a cult of personality around Warren Jeffs.
What makes it a cult is its attempts to become a state in itself, cutting itself off from all other people and ideas, then forcing belief on all others. These beliefs are only partially documented, but mostly come from the "prophet" himself, sometimes on whim.
One thing I heard was that they teach the children to be scared of the color red. It is the Devil's color and anything red is to be feared as Satanic. Homes where these children are going must remove all the red that they have showing, and the caretakers must not wear red or it upsets the children greatly.
I listened to and interview on NPR yesterday when they talked to one of the "homes" (facilities, not a person's house) that was taking care of over 20 of these kids. The procedures that they were using seemed to be very well planned, emphasizing the well being of the children and not well being of the case against the cult. Trying to make things as similar as possible to the kids lives before they were removed was the goal (minus the pedophilia and statutory rape of course).
Posted by brojack17 (Member # 9189) on :
quote:Originally posted by ketchupqueen: It is so nice when people ask instead of assuming that we're otherwise the same. Thank you for asking.
No problem. I'm glad I have a place where I can ask the questions.
Posted by brojack17 (Member # 9189) on :
quote:Originally posted by Dan_raven: One thing I heard was that they teach the children to be scared of the color red. It is the Devil's color and anything red is to be feared as Satanic. Homes where these children are going must remove all the red that they have showing, and the caretakers must not wear red or it upsets the children greatly.
That's like the drums with this Southern Baptist group. I played the drums in high school and my dad's friend tried to tell him I could become possessed by the devil since I was playing his instrument.
Posted by aspectre (Member # 2222) on :
Well he was right, wasn't he? I betcha that ya even like jazz and rock&roll.
Posted by brojack17 (Member # 9189) on :
Uhhh. Does anyone know a good exorcists?
Posted by katharina (Member # 827) on :
It looks like lots of evidence of statutory rape, but it seems like there has been absolutely zero evidence of pedophilia.
Considering the lives at stake, that's an important distinction to make. It doesn't do anyone favors to go overboard on the accusations.
quote:One thing I heard was that they teach the children to be scared of the color red. It is the Devil's color and anything red is to be feared as Satanic. Homes where these children are going must remove all the red that they have showing, and the caretakers must not wear red or it upsets the children greatly.
Wasn't that in The Village? You sure someone isn't pulling your leg?
THe FLDS is something new. The media makes it sound like this organization broke away from the LDS Church 100 years age. There have been people practicing poligamy outside the Church for 100 years. But they have been a very fluid group organizationally. I grew up in Davis County, and went to school with kids from several different groups and families often would change "allegance" from one group to another. The one trait that they seemed to have in common was "extra" knowledge that the LDS church was supposed to have abandoned. Sometimes it was "Blood Atonement",sometimes "Adam/God" sometimes antiquity of the Masonic movement and its roll as an "evil twin" to the true church, sometimes the role of satan in the government/comunist/democrat/(take your pick) or maybe Joseph Smith's literal descent from Jesus, through Mary Magdaline. Heber Jentsch, the present leader of the Scientologists is from just such a family background. I am unpleasently reminded of my discussions with my "fundamentalist" friends, nowdays, when I hear Mormons expound on various "Hobby Beliefs". You just have to watch those Mormons, They start out eating brown bread and voting Republican, and before you know it, they have three wives and can cure cancer with mental telepaphy. The long dresses, cowboy shirts, communal living, fundamentalist temple and child brides are all developments within the last couple of decades.
Posted by kmbboots (Member # 8576) on :
quote:Originally posted by Dan_raven: One thing I heard was that they teach the children to be scared of the color red. It is the Devil's color and anything red is to be feared as Satanic. Homes where these children are going must remove all the red that they have showing, and the caretakers must not wear red or it upsets the children greatly.
Also it is the bad colour and will attract the creatures that live in the woods.
edit: oops, kat got there first with the movie reference.
Posted by katharina (Member # 827) on :
I can't read the comments on that page. People are so stupid.
Posted by katharina (Member # 827) on :
quote:"The color 'RED' is not acceptable for clothing," the memo stated. FLDS church members believe red is reserved for Jesus Christ because when he returns, he will be wearing red robes.
That is a far cry from it being the devil's color. In fact, it is the exact opposite of being the devil's color. I think Hatrack can do better than the general public concerning information about the group.
Posted by Scott R (Member # 567) on :
quote:Originally posted by katharina:
"The color 'RED' is not acceptable for clothing," the memo stated. FLDS church members believe red is reserved for Jesus Christ because when he returns, he will be wearing red robes.
The colors for this season? RED and black.
REPENT!
Posted by katharina (Member # 827) on :
That is SO last season, ScottR.
The colors for this season are bright yellow and kelly green.
Posted by MattB (Member # 1116) on :
quote:The long dresses, cowboy shirts, communal living, fundamentalist temple and child brides are all developments within the last couple of decades.
This isn't exactly true. While it is the case that there are a at least half a dozen polygamist sects that have split off from the main branch of the Mormons over the past hundred years, and that there are more independent polygamists than there are affiliated with any of those sects (there are around 75k, according to an Anne Wilde presentation I saw a year or so ago), the FLDS have been officially around since the 1930s, complete with a priesthood hierarchy and temple rites (though unlike the SLC Mormons, they've not softened the patriarchal thrust of the nineteenth century ritual.)
They've only moved to Texas in the past year or so, but they were down in Colorado City before that. It's probably more accurate to say that they haven't developed since then. They've been doing temple rites and so forth, though, for seventy years, and Arizona raided them back in the 1950s. Take a look at the photos photos there. Black and white, but not much else is different.
On the RLDS, they've acknowledged for forty years or so now that Joseph Smith did practice polygamy (though, like a lot of SLC Mormon folk doctrine, the myth's died hard among the laity). Many believe that Joseph became a fallen prophet, though this is not official doctrine. There's something to the "Protestantization" thesis, though I'd point out that 1)they use the Book of Mormon as much as the SLC church does, and 2)they've got 168 sections in their Doctrine and Covenants. Revelation's still alive and well there.
Posted by scholarette (Member # 11540) on :
I got an e-mail from my ward today looking for volunteers to help with young children and their very young mothers and I think it is with children from the compound. In the information it says that the children will consider any female wearing a long skirt to be "mother". They also need some jeans which they call britches and some Bibles (as the court hasn't decided if they can have book of Mormons yet). It is finals week though, so I won't be volunteering. That and they don't tell where we will be going, just that it will be a bit of a drive.
Posted by pooka (Member # 5003) on :
quote:the court hasn't decided if they can have book of Mormons yet
Okay, that officially sucks.
Given 5 seconds to think about it, I'm pretty sure it's a bogus e-mail. Someone's idea of a joke.
Posted by scholarette (Member # 11540) on :
But I know the person who sent it and she is very active in the foster program. If she says she worked with a bunch of kids and these are there needs, it is believable. And if she lied about needing help, she would get slammed royally at church forever. Also, to volunteer, you have to get a blood test, tb test, and let them do a background check. I just included the interesting parts of the e-mail in my first post.
Posted by Temposs (Member # 6032) on :
It would be really cool if you did volunteer, though, and then gave us a little insight into how the children are(generally, of course). I'm sure this community would find that extremely interesting.
Posted by Temposs (Member # 6032) on :
Of course, I know nothing about foster care, but I imagine you're under some kind of confidentiality obligation.
Posted by scholarette (Member # 11540) on :
I thought it sounded pretty cool, and maybe if they need people next week, I'll be able to do it. I don't know all the confidentiality obligations, but the e-mail is very vague on somethings so I am sure there are limitations there.
Posted by DDDaysh (Member # 9499) on :
Scholarette - just curious about where you're from. Not SA by any chance?
Posted by DDDaysh (Member # 9499) on :
This whole thing just makes me so sad and angry whenever I see it on the news. I can't even tell you why excactly. I mean - what do I care, it's not like I know any of them. I'm just enraged that the state would take children away without even CHECKING the source first. I'm angry that we're not being told any actual facts about how old the girls are. (Between 14 and 17 is a BIG age gap, since 17-year-olds CAN consent to sex in Texas) I'm angry that my state passed a law forbidding the marriage of under 16-year-olds solely to deny the religious rights of a group, and that I knew NOTHING about it. Where on earth was the press coverage when this bill was on the table?
Of course, I don't agree with raping children. However, it's not like San Antonio (and the rest of south texas) isn't fully of pregnant teenagers! In my own home town there is a boy who has gotten two DIFFERENT 8th graders pregnant, once when he was 18 and then again when he was 19. He's not in jail! No one is taking his children away from their mothers just because they didn't press charges. Where on earth are the children's rights in all of this?
Grrr... I'm sure all of this has been said before, but my computer was broken througout most of the week this news was breaking and I just had to rant.
Posted by Dagonee (Member # 5818) on :
quote:I'm just enraged that the state would take children away without even CHECKING the source first.
They didn't take the children based solely on the call. They began their investigation because of the call.
Posted by Scott R (Member # 567) on :
quote:I'm angry that my state passed a law forbidding the marriage of under 16-year-olds solely to deny the religious rights of a group
I haven't seen this anywhere.
Posted by fugu13 (Member # 2859) on :
And it would seem awfully strange to put that limitation in as a denial of religious rights, when people can be married in Texas as young as 16 provided they have parental consent. I suspect that view has no basis in reality; the most common age of consent in the US is 18, and I think that might be it for most states.
Posted by BlackBlade (Member # 8376) on :
quote:Originally posted by Scott R:
quote:I'm angry that my state passed a law forbidding the marriage of under 16-year-olds solely to deny the religious rights of a group
I haven't seen this anywhere.
Neither do I. But the law making the practice of polygamy illegal across the country definitely was designed with that thought in mind.
Posted by aspectre (Member # 2222) on :
"In my own home town there is a boy who has gotten two DIFFERENT 8th graders pregnant, once when he was 18 and then again when he was 19."
Just goes to show that he shoulda been gelded after the first one.
Posted by katharina (Member # 827) on :
Texas law was changed in response to FLDS. The age of consent for marriage with parental permission in Texas was changed from 14 to 16 in 2005, the year after the FLDS came to Texas.
41 of 63 teenage girls (ages 14-17) were found pregnant, or were found to have been pregnant; that's significantly higher than the national average, I think.
If the state's data is correct, than I think it's obvious that there was abuse going on, and that this was an unsafe environment for those children. If their data is correct, I'm gratified that they moved in and cleared out this harmful situation.
BUT...I cannot shake the feeling that the state's case is becoming more and more desperate.
Posted by katharina (Member # 827) on :
I wonder if they'll film the interrogations of the kids. Surely being questioned concerning events by people desperate to find something will affect the answers they get, especially since the kids will have been taken from their homes and shipped across the state and have their futures be uncertain.
Posted by steven (Member # 8099) on :
"BUT...I cannot shake the feeling that the state's case is becoming more and more desperate."
Really? Because I myself can't shake the feeling that this groups is a slightly more benign version of the Branch Davidians. I certainly don't agree with how the FBI handled that situation in Waco, but that's not what's happening here.
Posted by katharina (Member # 827) on :
Right, it isn't. There weren't guns and they didn't resist.
If they don't find solid proof of the necessity of wrenching babies from their mothers, I hope the FLDS sue the pants off of Texas.
Posted by Dagonee (Member # 5818) on :
quote:41 of 63 teenage girls (ages 14-17) were found pregnant, or were found to have been pregnant; that's significantly higher than the national average, I think.
Significantly. Moreover, there's good reason to believe at this point that this is being done not only with parental acquiescence, negligent or otherwise, but in response to parental wishes.
quote:Texas law was changed in response to FLDS. The age of consent for marriage with parental permission in Texas was changed from 14 to 16 in 2005, the year after the FLDS came to Texas.
Is there evidence that this was in response to the FLDS other than the timing?
Posted by katharina (Member # 827) on :
You mean, does the language of the law include "especially if you're one of the dirty FLDS"?
You can certainly pretend the timing was purely massively coincidental.
Posted by Dagonee (Member # 5818) on :
quote:If they don't find solid proof of the necessity of wrenching babies from their mothers, I hope the FLDS sue the pants off of Texas.
That's doubtful. A suit like that will not succeed based on a showing that the officers were wrong to take the children. A lot of leeway is given for mistakes made by officers.
Moreover, even the absence of solid proof does not necessarily mean that the initial seizure was illegal.
Ultimately, the judge's order continuing custody will provide a lot of cover for the officers. And the judge's decision is absolutely immune from suit for damages.
Posted by katharina (Member # 827) on :
Unless, of course, the alleged victims are religious and dress funny.
quote: NEW YORK - Breaking with standards widely followed by the mainstream news media, the celebrity Web site TMZ posted a story Wednesday about a 14-year-old who's a movie star's son and an alleged sex crime victim, and it ran the boy's picture. ...
Almost all news organizations refrain from identifying sex crime victims, let alone show their picture, because of the stigma often attached to it, said Kelly McBride, ethics group leader at the journalism think tank Poynter Institute. The Associated Press' policy is not to identify people in such cases.
Posted by Dagonee (Member # 5818) on :
quote:You mean, does the language of the law include "especially if you're one of the dirty FLDS"?
No. And you know I don't mean that, so I'm not sure why you would say that. None of the possible reasons I can come up with are at all pleasant. Perhaps you can proffer one that doesn't involve you intentionally twisting the meaning of my words to make your point.
quote:You can certainly pretend the timing was purely massively coincidental.
I haven't pretended anything. I asked a question. The implication of that question was that the timing of a law is not always indicative of the motivation for that law.
Many laws have legislative findings attached, and many times the sponsor of a particular provision will explain their reasons. Either would provide some evidence of the underlying reasons.
This was part of a fairly extensive overhaul of that section of code. Many of the changes could not possibly be construed to be related to the FLDS.
Given the many possibilities, and the many possible sources of information, I asked if there was additional evidence beyond the timing.
Posted by Scott R (Member # 567) on :
It's worth mentioning, Kat, that the FLDS released videos of their children being taken from them.
And as far as I can tell, the media has been very sympathetic to the FLDS.
Posted by katharina (Member # 827) on :
If the story is being reported as alleged sexual abuse victims, then it isn't right to run the pictures, no matter the source.
Posted by Scott R (Member # 567) on :
Oh! Then I agree. I thought you were saying that the media, because it has shown pictures of the children involved in the Texas bit, was being religiously biased.
My mistake.
Posted by kmbboots (Member # 8576) on :
quote:Originally posted by BlackBlade:
quote:Originally posted by Scott R:
quote:I'm angry that my state passed a law forbidding the marriage of under 16-year-olds solely to deny the religious rights of a group
I haven't seen this anywhere.
Neither do I. But the law making the practice of polygamy illegal across the country definitely was designed with that thought in mind.
Why is it that polygamists of this sort need to have sex with such young girls? I would not have a problem with any of this if the women involved were grown ups. And I don't think that I am alone in that. What is the religious significance of middle-aged men having sex with 15 year olds?
Posted by katharina (Member # 827) on :
I completely agree with you, kmboots, on that.
Posted by Javert (Member # 3076) on :
quote:Originally posted by kmbboots: Why is it that polygamists of this sort need to have sex with such young girls? I would not have a problem with any of this if the women involved were grown ups. And I don't think that I am alone in that. What is the religious significance of middle-aged men having sex with 15 year olds?
It seems that when child abuse happens some people miss the whole point.
When NAMBLA goes after little boys, certain people rail against homosexuality. And when groups like the FLDS abuse children, those same types of people rail against polygamy.
The issue, in both cases, is the child abuse. Not what consenting adults do in their private life.
Posted by scholarette (Member # 11540) on :
quote:Originally posted by DDDaysh: Scholarette - just curious about where you're from. Not SA by any chance?
Houston area.
Posted by Artemisia Tridentata (Member # 8746) on :
quote:This isn't exactly true. While it is the case that there are a at least half a dozen polygamist sects that have split off from the main branch of the Mormons over the past hundred years, and that there are more independent polygamists than there are affiliated with any of those sects (there are around 75k, according to an Anne Wilde presentation I saw a year or so ago), the FLDS have been officially around since the 1930s, complete with a priesthood hierarchy and temple rites (though unlike the SLC Mormons, they've not softened the patriarchal thrust of the nineteenth century ritual.
You might technically be correct. But, if you look at actual persons you will see a lot of fluidity. "Members" move back and forth. You can take a look at the "history" any number of these groups and you will see the same names. Sometimes they are in a different order, but the heirarchy names are all the usual suspects. EDIT: The "temple" requirement often used to be "fulfilled" by joining the LDS Church long enough to get a recommend.
Posted by scifibum (Member # 7625) on :
quote:Why is it that polygamists of this sort need to have sex with such young girls? I would not have a problem with any of this if the women involved were grown ups. And I don't think that I am alone in that. What is the religious significance of middle-aged men having sex with 15 year olds?
I imagine that to preserve their way of life they have to get the girls invested in a relationship as young as possible. With a husband and children by the time they reach majority, they have little freedom to leave/rebel. Waiting for them to turn 18 would result in more of them getting out of Dodge instead of submitting to the traditions.
All of which only compounds the evil that they are perpetrating.
Posted by BlackBlade (Member # 8376) on :
quote:Originally posted by kmbboots:
quote:Originally posted by BlackBlade:
quote:Originally posted by Scott R:
quote:I'm angry that my state passed a law forbidding the marriage of under 16-year-olds solely to deny the religious rights of a group
I haven't seen this anywhere.
Neither do I. But the law making the practice of polygamy illegal across the country definitely was designed with that thought in mind.
Why is it that polygamists of this sort need to have sex with such young girls? I would not have a problem with any of this if the women involved were grown ups. And I don't think that I am alone in that. What is the religious significance of middle-aged men having sex with 15 year olds?
I personally do not think there is any religious significance. But rather then release my scathing opinion of the FLDS church I'll just say that when it comes to consenting adults I don't think the government is in the right making it illegal.
Posted by kmbboots (Member # 8576) on :
Should the government have the right to make it illegal at age 12? 8? At what point does society relinquish its obligation to protect children from sexual predators?
Posted by katharina (Member # 827) on :
*confused* I'm not sure where your question is coming from, kmboots. He just said that the government should stay out of the way of consenting adults - not that how an adult is defined should be changed.
Posted by kmbboots (Member # 8576) on :
Aren't we talking about Texas changing the age of consent? *also confused*
Posted by katharina (Member # 827) on :
Oh! I thought you were responding to Blake Blade, who was not talking about the change of the age of consent laws.
I didn't realize that you were talking about age of consent laws because it seemed like you were arguing against proposals that no one has made.
I think 14 is too young for the age of consent laws. However, I think selectively enforcing the laws (taking away ALL of the FLDS children while leaving the children of 12-year-olds in San Antonio with their mothers) is definitely religious persecution.
Posted by kmbboots (Member # 8576) on :
Blackblade in response to my question about sex with 15 year olds replied (in part):
"But rather then release my scathing opinion of the FLDS church I'll just say that when it comes to consenting adults I don't think the government is in the right making it illegal. "
It seemed to me that he was saying that the government was not right in making sex with 15 year old illegal. I don't understand his reference to consenting adults unless he is defing 15 year olds as such.
Maybe we had better let him clarify.
Posted by katharina (Member # 827) on :
He has a scathing opinion of the FLDS. I don't think he was supporting the marriage of 15-year-olds.
Posted by kmbboots (Member # 8576) on :
What do you think that, in his opinion, the government was wrong in making illegal? If he wasn't talking about sex with minors, I don't have an argument with him, but I don't know what else he thinks the government did make illegal.
Or, again, we could let him clarify.
Posted by BlackBlade (Member # 8376) on :
I do not have solid opinions on when a child becomes an adult. I think I am against 15 year olds being married off, but that is a function of my belief that maturation is taking place at a later and later age.
In the past I think people matured quicker, and today maturation has retarded.
I was talking about consenting adults being unable to be in polygamous relationships, not that these men should be allowed to force 15 year old girls into marriages and impregnate them.
Posted by kmbboots (Member # 8576) on :
Thanks for the clarification, Blackblade. I agree with you as long as all of the parties are adults. The government does not make having multiple sexual partners illegal as far as I know. It does not sanction more than one marriage at a time. I would not have a problem if it did, again as long as the parties were adults.
I do have a problem with the language "married off", though. I does sound like that someone other than the bride or groom is making that decision.
Posted by Jim-Me (Member # 6426) on :
quote:Originally posted by DDDaysh: 17-year-olds CAN consent to sex in Texas
Only to 18 yr olds.
Posted by ricree101 (Member # 7749) on :
quote:Originally posted by kmbboots: The government does not make having multiple sexual partners illegal as far as I know. It does not sanction more than one marriage at a time. I would not have a problem if it did, again as long as the parties were adults.
I would tentatively agree, but multi spouse marriages would probably have a lot of messy ramifications in other areas of law that were created with the assumption that a marriage only included two people.
Posted by Dagonee (Member # 5818) on :
quote:I would tentatively agree, but multi spouse marriages would probably have a lot of messy ramifications in other areas of law that were created with the assumption that a marriage only included two people.
It would destroy much of the usefulness of marriage as a legal construct, which derives from the fact that it provides a convenient default person for a host of contexts.
quote:The government does not make having multiple sexual partners illegal as far as I know. It does not sanction more than one marriage at a time.
Note that in some states, it is a criminal offense to live in a polygamous marriage-like relationship, even if one hasn't married more than one person.
Posted by kmbboots (Member # 8576) on :
How do they define "marriage-like"?
Posted by Dagonee (Member # 5818) on :
It's a fact-based analysis. Here's an example of such an analysis from a Utah case:
quote:The undisputed facts establish that Holm stood before an official of the FLDS Church, Warren Jeffs (son of then-FLDS prophet Rulon Jeffs), with Stubbs at his side and responded affirmatively to a vow asking the following question:
Do you Brother [Holm], take Sister [Stubbs] by the right hand, and receive her unto yourself to be your lawful and wedded wife, and you to be her lawful and wedded husband, for time and all eternity, with a covenant and promise, on your part that you will fulfil all the laws, rites and ordinances pertaining to this holy bond of matrimony in the new and everlasting covenant, doing this in the presence of God, angels, and these witnesses, of your own free will and choice?
¶ 30 At the ceremony, Stubbs wore a white dress, which she considered a wedding dress. Throughout her testimony at the trial court, Stubbs referred to the ceremony as a marriage. As mentioned, the ceremony was officiated by a religious leader and involved vows typical of a traditional marriage ceremony. See Utah Code Ann. § 30-1-6(1) (Supp.2004) (stating that religious officials who are older than eighteen and “in regular communion with any religious society” are empowered to solemnize a marriage). In short, the ceremony in which Holm and Stubbs participated appeared, in every material respect, indistinguishable from a marriage ceremony to which this State grants legal recognition on a daily basis.
¶ 31 At trial, Stubbs testified that following the ceremony she considered herself married. The facts show that Stubbs lived in a house with Holm, that Holm and Stubbs considered themselves husband and wife, and that Holm and Stubbs regularly engaged in sexual intercourse. Although no one of these factors is itself indicative of marriage, looking at the cumulative effect of the factors present in this case it is clear that the relationship formed by Holm and Stubbs was a marriage, as that term is used in the bigamy statute.
State v. Holm, 137 P.3d 726 (Utah 2006).
Posted by steven (Member # 8099) on :
"Right, it isn't. There weren't guns and they didn't resist.
If they don't find solid proof of the necessity of wrenching babies from their mothers, I hope the FLDS sue the pants off of Texas."
Kat, don't you think that Texas is smart to try to nip this sort of thing in the bud, given what happened at Waco? The Oklahoma City bombings were mainly caused by Waco. We probably want to avoid letting a religious group get to that point. Whether the state has handled this clumsily, or not, I wouldn't like to see them getting sued for trying to avoid another Waco or Oklahoma City situation. Or what do you think? Because I think this sort of thing needs to be nipped in the bud. The state is doing it's level best with a bunch of pretty crazy people, trying to give them their rights without letting things get too out of hand, and causing another Waco.
I think you're letting your religious feelings get the better of you.
Posted by just_me (Member # 3302) on :
quote:Originally posted by katharina: However, I think selectively enforcing the laws (taking away ALL of the FLDS children while leaving the children of 12-year-olds in San Antonio with their mothers) is definitely religious persecution.
I'm not sure if I missed something specific about the 12-year-olds in SA (I'm assuming you are referring to DDDaysh's post) but I can see a reason to be selective in the removal of children:
Case 1: A couple 12 year olds get pregnant by an 18 year old. They have the child and keep it but presumably they aren't living with the 18 year old.
Case 2: A bunch of underage girls have babies and continue to live with (or in a very small community containing) one or more men who have impregnated young girls.
In case 1 I don't see any higher risk of the baby being sexually abused due to its environment. In case 2 I do.
(edited for spelling)
Posted by kmbboots (Member # 8576) on :
Thanks, Dag. It is interesting to me that, in that case, so much importance was given to the participants opinion on whether or not they were married. That they went through a ceremony that looked like a wedding, with a white dress, said vows and so forth. It strikes me a curious that even though the state wouldn't recognize it as a legal marriage, it still has the consequences of a legal marriage.
I wonder if a gay polygamist would be breaking bigamy laws...
Posted by DDDaysh (Member # 9499) on :
just_me - apparently you haven't read the statistics about how oftenpreg nancy is a generational repeat condition. It doesn't seem to be a factor of the community much at all. And as far as the marriage laws being related to the FLDS, I'm not sure WHERE I read it, but I definitely remember reading a news story (from back in 2005 - not from now) that sited the building of the FLDS ranch as the reason for the switch. Before that, I knew several 14 & 15 year old girls who were "married off" to Mexican men in order to get immigration papers.
I am not going to pretend to say that I think forcing girls into marriage and sex as teenagers is good either. However, there has been little proof that very many girls below 16 were forced into it. I think that while 16 may be young, a 16-year-old is capable of making their own decisions, espescially if they're raised to think that 16 is an "adult" age. Also, while the news keeps talking about middle aged men as fathers, they don't have any proof yet that that's the case. Many teen and young adult boys were at the ranch.
More than that, however, is the simple fact that they had no good reason to go in there. Even the most routine investigation of their source would have told them it was a hoax. The truth is, they didn't bother to investigate because they WANTED to go in and take the kids away. They think the FLDS people are WRONG and so they don't want any kids being raised to think that way of life is right. As soon as they had the slightest pretense of a legal excuse, they pounced - and that is WRONG!
Posted by Dagonee (Member # 5818) on :
quote:More than that, however, is the simple fact that they had no good reason to go in there. Even the most routine investigation of their source would have told them it was a hoax.
Ana anonymous tip that someone is being raped and choked isn't enough reason for the police to enter and investigate?
quote:The truth is, they didn't bother to investigate because they WANTED to go in and take the kids away.
How, exactly, did you arrive at this "truth"?
Posted by ClaudiaTherese (Member # 923) on :
Via the Truth Train of Capital Letters, looks like.
Posted by scholarette (Member # 11540) on :
I am not actually ready to committ to this view, but I am not sure if the girls are capable of consenting, even the older women. They are told that saying no means condemning their souls to hell. If you believe it, then that is a far worse punishment then just threatening to kill someone.
I also am still waiting for more information before making a judgement about the police. The anonymous tip was made from a prepaid cell phone, so no name attached and the choice of words were appropriate for an FLDS woman. While the number was later shown to be connected to a women in Colorado, that is a different jurisdiction so that information taking some time to get is believable to me.
There are other aspects that concern me, but like I said, I am waiting for more information.
CT-
Posted by katharina (Member # 827) on :
I think that if you start saying that adult women do not have the capacity to choose because of their religious beliefs, then that is a horrifying precedent.
For that matter, then the men don't have the capacity to choose because of what they are being told. They don't have a choice but to take plural wives because if they don't, they are failing in their faithfulness and will be under condemnation. If the adult women have their agency dismissed, so should the men.
Posted by scholarette (Member # 11540) on :
Like I said, I am not yet ready to committ to that view. Though if a man told a women he would kill her if she didn't have sex with him, even if he wasn't holding a gun on her at that moment, it still would be rape (assuming she believes that he is indeed capable of killing her). And hell seems like worse then just getting killed. If saying no isn't an option, I don't think you can say yes either.
Posted by Javert (Member # 3076) on :
quote:I am not actually ready to committ to this view, but I am not sure if the girls are capable of consenting, even the older women. They are told that saying no means condemning their souls to hell. If you believe it, then that is a far worse punishment then just threatening to kill someone.
If that's your opinion, then many a young person isn't capable of consenting to being confirmed in their given faith.
Not all, and probably not most. But many.
Posted by Dagonee (Member # 5818) on :
quote:I think that if you start saying that adult women do not have the capacity to choose because of their religious beliefs, then that is a horrifying precedent.
Agreed. I'm even leery of the less drastic proposition that adult women who were subject to brainwashing* as children do not have the legal capacity to choose to act in a manner consistent with the behavioral goals of that brainwashing.
*I'm not making any statement about whether brainwashing has or has not occurred here.
Posted by scholarette (Member # 11540) on :
I'm not saying from a legal viewpoint, more from a moral standpoint. I think that if I convinced someone to sleep with me on those grounds, I don't see how I would ever convince myself I had not committed rape.
Posted by dkw (Member # 3264) on :
Which is why in some states it's illegal for clergy to have sexual relations with their congregants and in most religious bodies it's a serious professional ethics violation even if it's not illegal.
And why it's such a big deal in the widely publicized cases when it happens anyway.
Using religious authority to pressure someone into sex (even if there's a wedding first) is vile.
Posted by mr_porteiro_head (Member # 4644) on :
quote:in some states it's illegal for clergy to have sexual relations with their congregants
In those states, would it be illegal for an LDS bishop to have sexual relations with his wife if she's a member of the ward he's bishop over?
Posted by ketchupqueen (Member # 6877) on :
Since many religions allow religious leaders to be married, I would assume such restrictions would only apply to sex outside of marriage. I believe most churches also frown upon marrying from within one's congregation.
Posted by Belle (Member # 2314) on :
In my experience, spouses of married clergy are often members of their spouses' church, so I seriously doubt that would be illegal.
I also completely agree with dkw on this statement:
quote:Using religious authority to pressure someone into sex (even if there's a wedding first) is vile.
Posted by dkw (Member # 3264) on :
quote:Originally posted by mr_porteiro_head:
quote:in some states it's illegal for clergy to have sexual relations with their congregants
In those states, would it be illegal for an LDS bishop to have sexual relations with his wife if she's a member of the ward he's bishop over?
No. And I can legally have sex with my husband, who is a member of my congregation no matter what sate we live in. And if the relationship was established before the other person joined the congregation it would be legal whether or not they were married. (But not condoned by most religions, obviously) But in some states it would be illegal for us (or the couple in your example) to get married (or date) within a certain time period if I/he had counselled him/her prior to marriage. (Serious counselling, on the level of a therapist, not general advice.) Those states class clergy acting in a counselling role in the same category as psychologists/psychoterapists.
Posted by ketchupqueen (Member # 6877) on :
Of course, in some states, LDS bishops are not counted as "clergy" in the traditional sense, do not have the same expectation of confidentiality as traditional priests and ministers, etc., because they are lay ministers (at least last I heard.)
Posted by Shigosei (Member # 3831) on :
So the laws don't prohibit clergy from marrying a congregant as long as there hasn't been some sort of formal counseling? What about professional ethics? Are there groups that prohibit clergy from having sexual relationships with people in their church, period (if the relationship did not previously exist, that is)?
Posted by ketchupqueen (Member # 6877) on :
Like DKW said, even where it's legal churches have rules against it.
Posted by dkw (Member # 3264) on :
Dating within your congregation is highly discouraged within mainline denominations. It's taught as a breach of professional ethics in most modern ethics courses. This is, however, a change from 40 years ago when a young pastor was expected to graduate from seminary, start at his first church, and marry the prettiest girl in the Sr. High youth group. (Slight exageration, but not much.) Since many of these clergy who started 40 years ago are still in active ministry, discussions at sexual ethics training (which mainline denominations require all clergy to attend periodically, partially for insurance purposes) can get pretty heated. When you have a significant number of respected older clergy who married either the church organist, the church secretary, or a member of the congregation and have been happily married and partners in ministry with their wives for 40 years, they don't take well to hearing that dating within the congregation is now considered wrong.
Posted by Glenn Arnold (Member # 3192) on :
quote:The anonymous tip was made from a prepaid cell phone, so no name attached and the choice of words were appropriate for an FLDS woman.
Given what little I've heard about the "person of interest," it seems to me that she has an agenda of some sort, since the other calls she is supposed to have made were also claims of some kind of domestic abuse.
Posted by katharina (Member # 827) on :
Single men are not called to be bishops. I'm not sure if it is an official rule, but I think might be. It certainly is an unofficial one - I've never even heard of an exception, much less seen one.
Posted by Magson (Member # 2300) on :
It's am official rule Kat. Paul defined it in the New Testament.
Posted by katharina (Member # 827) on :
Yeah, Paul said a lot of things. (Not a big fan of Paul.)
I was referring to the Church Handbook.
Posted by BlackBlade (Member # 8376) on :
quote:Originally posted by katharina: Yeah, Paul said a lot of things. (Not a big fan of Paul.)
I was referring to the Church Handbook.
Just curious, but what rubs you the wrong way about Paul?
Posted by katharina (Member # 827) on :
Ten piles of gender issues. Not a fan of the "women don't speak in church." thing.
I know, I know - there's an explanation, take it in context, yadda yadda. It's okay. Church is still true. I am not remotely interested in a defense of him. Please don't post one. He said some good things, although it turns out he didn't write Hebrews so so much for my favorite epistle of his. Still, in general, not a favorite.
Posted by mr_porteiro_head (Member # 4644) on :
quote:When you have a significant number of respected older clergy who married either the church organist, the church secretary, or a member of the congregation and have been happily married and partners in ministry with their wives for 40 years, they don't take well to hearing that dating within the congregation is now considered wrong.
No doubt. That would piss me off too.
Posted by aspectre (Member # 2222) on :
Deleted cuz discretion is the better part of avoiding flame wars.
[ May 06, 2008, 12:10 PM: Message edited by: aspectre ]
Posted by kmbboots (Member # 8576) on :
kat, Paul isn't one of my favourites either.
Posted by sarcasticmuppet (Member # 5035) on :
I really like Paul, mostly because he seemed to tend more toward the "stop being idiots!" school of preaching. Plus I find his conversion story rather inspiring.
Posted by aspectre (Member # 2222) on :
Lest katherina or kmboots misinterpret the why behind my deletion, I tend to agree with their sentiments about Paul.
[ May 06, 2008, 12:37 PM: Message edited by: aspectre ]
Posted by ketchupqueen (Member # 6877) on :
I think the actual rule is "unmarried men" aren't called as bishops. I was under the impression that it was concievable, but unlikely, for a widower to be called.
Posted by The Rabbit (Member # 671) on :
Dana, Out of curiosity I'm wondering whether the laws that prohibit ministers from having sexual relations with members of their congregation apply to lay ministers or only to professional clergy.
Ethically, I don't think professional status is the key question, I think the most relevant questions are how much authority the minister has (in the eyes of the members of his/her congregation) and whether the minister uses official functions of the position to pursue personal sexual relationships. Legally, however, I can see grounds for holding those who are professionally trained and paid to a higher standard than those who are not.
From an ethical point of view, I think using any form of power as a means to obtain sex qualifies as rape. I don't see much reason to distinguish between physical coersion, and coersion by use of religious or secular authority.
The biggest difference is that religious and secular authority can often be coercive even when that is not the intent. Hence a student, for example, might agree to date (or have sex with) a professor under the impression that refusing to do so could adversely affect their grades even if that was not the intent of the professor. A worker might agree to date the boss under the impression that this was required to get a promotion even if that was not the boss' intent.
For these reasons, its usually a bad idea for anyone in a position of authority to have a personal sexual relationship with anyone under their authority.
Nevertheless, I know that it is possible for a professor and a student, or a boss and his employee or a minister and a member of the congregation to have a true consenting relationship where no coercion (perceived or intended) is involved. The mere existence of an imbalance of power or authority in a relationship should not be considered proof that that power is being used coercively. If it were, every relationship where one party is physically strong enough to force themselves on the other (most heterosexual relationships) would have to be considered rape.
Posted by Occasional (Member # 5860) on :
"Those states class clergy acting in a counselling role in the same category as psychologists/psychoterapists."
There is seriously laws that make dating clergy illegal? I see this going against the Constitution on freedom of religion and right of assembly grounds. Has this ever been challenged?
Posted by mr_porteiro_head (Member # 4644) on :
Notice that she said that it's dating people they've counseled, not just people they minister to.
Posted by dkw (Member # 3264) on :
Rabbit, I pretty much agree with everything you've said. But in addition to the power/authority issue there is another issue (or whole set of issues) when clergy date within the congregation -- what happens in the event of a breakup? What if the clergyperson dates more than one person in the congregation? (Not at the same time, but serially.) What if someone else in the congregation has a crush on the clergyperson but he/she is not interested? The potential for messy drama makes it not worth it, because it risks making the person totally ineffective as a pastor.
I don't remember the exact wording of the relevant laws (and my last counseling class was 7 or 8 years ago), but I think the phrasing was such that the role the person was acting in was the defining characteristic, not whether or not they were paid. So, to use an extremely egregious and obvious example, if an LDS bishop was counseling a couple who were considering divorce and then had a romantic/sexual relationship with the woman it would be illegal under that law. The paid/professionally trained part likely makes it easier to prove the counselling role, but I think a good case could be made for including lay ministers if they act in a counseling role as part of their expected duties.
Occaisional, as mph said the law only applies when there has been a formal counseling relationship. (The ethical guidlines of various denominations are tighter than that). And there is a time limit on it -- I don't remember for sure, but I think it was two years from the ending of the counseling relationship.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by Occasional: "Those states class clergy acting in a counselling role in the same category as psychologists/psychoterapists."
There is seriously laws that make dating clergy illegal? I see this going against the Constitution on freedom of religion and right of assembly grounds. Has this ever been challenged?
First, I don't think there are any laws which make it illegal to date a member of the clergy. As I understand it, it is illegal for the clergy to date a parishioner who they are counselling and not visa-versa. Whether or not it violates constitutional protections I suspect depends on exactly how such laws are written and enforced. I doubt such laws are ever enforced unless their is a complaint by the parishioner.
In the case of professor/student dating, laws that prohibit it essentially bar the "it was consensual" defense should the student ever complain of sexual harassment or assault. I suspect that the same is true for laws governing the ministry. The police are never going to walk into a restaurant and haul off the minister who is having a candlelight dinner with a member of his/her parish. The legal issues would only ever arise if the parishioner filed charges of sexual harassment or assault. On the other hand, their might be professional consequences even if a complaint is never raised.
In fact, there should be professional consequences even when complaints haven't been raised. After all, if the governing body knows that the minister (professor, boss, counsellor etc.) is having sexual relations with a parishioner (student, employee, client etc.) and takes no action we would certainly consider them complicit if at some future point in time a complaint of sexual harassment or assault were made.
Posted by dkw (Member # 3264) on :
Heh. I just came back to edit to point out that it isn't illegal to date clergy, it's illegal for clergy to date [certain people in certain circumstances]. But Rabbit beat me to it.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by dkw: Rabbit, I pretty much agree with everything you've said. But in addition to the power/authority issue there is another issue (or whole set of issues) when clergy date within the congregation -- what happens in the event of a breakup? What if the clergy person dates more than one person in the congregation? (Not at the same time, but serially.)
I was thinking about a lot of these same issues in regards to Home Teaching in the LDS church. For those of you who aren't familiar, in the LDS church every family is assigned to a pair of men (or often 1 man and one teenage boy) who are supposed to visit the family monthly to leave a spiritual message and determine if the family has any material or emotional needs that ward might help with. Women are also assigned "visiting teachers", a pair of women who play essentially the same role.
In a place like BYU, where the ward is made up entirely of single young adult students, that means that single young men are assigned as Home Teachers to single young women. Even though "Home Teacher" isn't a position with any authority, I can see plenty of problems that would arise from dating your Home Teacher. Even the potential Home Teacher might ask his teachee on a date could make him less effective in his role as a Home Teacher.
Of course, if a guy really wanted to date a girl on his Home Teaching list, it would be pretty easy to get her taken off his list first. I'd be willing to bet that doesn't happen much of the time in your typical BYU singles ward.
Posted by pooka (Member # 5003) on :
I don't know anyone who considers a home teacher to be anything like a counseling relationship. And while a home teacher could tell a girl that God has revealed that she should marry him, any man in the church could make such a claim just because they all have the priesthood. It would be "unrighteous dominion" of course, and I think the church curriculum does a good job of making sure people know that.
Posted by ketchupqueen (Member # 6877) on :
You would think-- and yet I still meet women who finally escaped from horrible marriages that started that way after years of abuse...
Posted by katharina (Member # 827) on :
That must be in the Jerkface handbook because I have had more than one guy try to tell me that.
It's false doctrine on the face of it - rules of stewardship for revelation still apply, and a dating relationship is not a family relationship. No stewardship.
Posted by pooka (Member # 5003) on :
Well, I don't know what we can do about the general phenomenon of Mormon women seeing singleness as an unhappy outcome that they would be greatly blessed to avoid. It kind of comes along with the "Family above all" viewpoint, which... uh... I was blogging about this weekend.
I think we may need to season our enthusiasm for family with the times Christ talked about being a sword that will divide us from loved ones, or "if thy right eye offend thee, pluck it out."
Posted by katharina (Member # 827) on :
The Mormon women I know don't generally think that. There is more to the Mormon experience than just your experience, pooka.
Posted by pooka (Member # 5003) on :
I was thinking along the lines of things like Elder Nelson's talk talk that Salvation is individual, but Exaltation is as a family.
Why am I singled out for being an atypical Mormon, kat?
Posted by katharina (Member # 827) on :
I wish you wouldn't say "Mormon women think" when you are expressing your opinion.
Posted by pooka (Member # 5003) on :
I described it as a phenomenon something needs to be done about, in response to kq's saying she knew a lot of people, in response to my saying the church doesn't teach that.
I can only conclude you wish to disagree with me, so I'm done.
Posted by katharina (Member # 827) on :
I'm telling you that while SOME think that, not ALL Mormon women think that and not even enough to make it a general phenomenon, so I would appreciate you not saying that they do.
Posted by ketchupqueen (Member # 6877) on :
I don't know a lot-- I just seem to meet one or two every stake I move to. Just to clarify.
Posted by pooka (Member # 5003) on :
I suppose the healthier way to deal with this would have been to say:
quote:I wish you wouldn't say "Mormon women think"
And laugh at your out of context words.
Posted by katharina (Member # 827) on :
Would it really hurt to not use your own opinions as representative of the church as a whole?
Posted by dkw (Member # 3264) on :
If it helps at all, I read pooka's statement as saying it was a phenomenon within the culture, not that it was universal.
Posted by Artemisia Tridentata (Member # 8746) on :
I knew a Mormon woman who thought.
Posted by katharina (Member # 827) on :
I think it was the word "general" that got to me. It certainly happens. In my experience, it does not usually happen or mostly happen often enough to be a general phenomenon.
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by pooka: I don't know anyone who considers a home teacher to be anything like a counseling relationship. And while a home teacher could tell a girl that God has revealed that she should marry him, any man in the church could make such a claim just because they all have the priesthood. It would be "unrighteous dominion" of course, and I think the church curriculum does a good job of making sure people know that.
I didn't mean to say that Home Teachers held any position of authority or had anything like a couseling relationship with the people they were assigned to visit. I was responding specifically to Dana's comment about how dating or having dated members of the congregation, might adversely affect a minsters ability to minister to the people even when power and authority issues aren't involved.
Power and authority issues are not involved with home teachers. But I can still see how dating or even the possibility that one of the two people involved wanted to date could adversely affect a home teachers ability to minister to the person he was called to home teach. I know that when I was a young single woman, if I had thought one of my home teachers was interested in a romantic relationship (and I wasn't), it would have made visits uncomfortable. It would have made me very hesitant to ask him if I need help with something for fear my action might be misinterpreted. I probably would have made excuses to avoid being visited. If I had dated and then broken up with a home teacher, it would be even worse. I'm not saying that this is anything remotely like sexual harassment or is something sinful. I'm just saying that I can see how dating or even the possibility of dating could interfere with a persons ability to minister to people even in a situation, like home teaching, where power and authority are not an issue.
Posted by pooka (Member # 5003) on :
I've actually never seen or heard of it firsthand. Sorry I was so upset - I think I'm still ashamed of the time when I was 14 that my bishop told me my mother taught us a lot of false doctrine growing up in front of the whole class.
Posted by dkw (Member # 3264) on :
That wouldn't be fun at any age, but 14 seems like it would be a particularly bad time to have something like that happen.
Posted by pooka (Member # 5003) on :
Well, I'm glad someone said something and I didn't go on that way indefinitely.
Posted by Kwea (Member # 2199) on :
But there is a away of saying that that doesn't involve public embarrassment....
Posted by scholarette (Member # 11540) on :
Unless your mom was preaching false doctrine to the ward, any statement should have been made privately. At one ward, we had someone who managed to include a lot of interesting rhetoric into her testimony and so just about every other month, she would give her testimony and the bishop would stand up after her and remind us that her views were not those of the church. Since the women's statements were so public, it made sense for the bishop to publically refute them. But assuming the teachings were not being publically preached, a public repudiation of them is completely inappropriate. A private meeting should have occured.
Posted by pooka (Member # 5003) on :
We were repeating her speculations to the whole class. I could see a systematic private squelching of our credibility possibly just as problematic. Anyway, we had a new bishop by the end of the year.
I'll try to be more careful about ascribing attitudes to Mormons in general, though I did mean "apparently widespread" and not "universal." I don't know if you want to discuss this, katharina, but would it had made any difference if I had specified that I was discussing Mormonism as a culture as opposed to the church? I know my statement didn't clarify that in any way, I'm just wondering if you find that a valid distinction. I find Mormon culture overlying the actual church to be problematic more often than not.
I suppose I could elaborate with problems I've had in terms of promulgating Mormon culture, like with R-rated movies and working moms. It seems to be that things get carried over from past prophecies, and conditions change, the application of prophecy changes, but in my case, I failed to follow the change in application. I think that may be part of how it springs up.
[ May 07, 2008, 08:53 AM: Message edited by: pooka ]
Posted by Occasional (Member # 5860) on :
Just to clarify my earlier statement, I don't care if it is laws against dating or laws against sexual encounters. I don't care if it is (at least with clergy, although college classroom also seems questionable) about time between or during counceling. I am still opposed to the idea of laws governing relationships with parishoners. It still goes against my belief that such laws are un-Constitutional.
Part of it is because I don't see "power issues" as punishable by the law. As someone said before, there have always been power issues in relationships even if nothing more than physical strength. Now, if sexual encounters happened *in* the office or at work there are serious ethical questions. Laws against *place* seem sufficiant, although still problematic. Best to be up to the place of employment if actions should be taken.
That isn't to say I am *for* extra-marital affairs. What I am for is free association and religion.
Posted by katharina (Member # 827) on :
quote:We were repeating her speculations to the whole class. I could see a systematic private squelching of our credibility possibly just as problematic.
I don't know exactly what happened, but if you were repeating it to the whole class, then refuting it in front of the whole class would have been appropriate. There are different ways to do it, but when it comes down to it, there's not really a way to refute false doctrine without that doctrine being refuted.
No, saying it was culture would not have helped. Of course it was culture. There is not a monolithic culture where Mormon women are desperate to get married at any cost. Some surely are, but not even close to all, and few in my experience.
There is not a way to ascribe that attitude to Mormons in general without me objecting to it. I believe you that this has been your experience. Your experience is not and should not be taken as representative of the whole, whether the whole is doctrinal or cultural.
Posted by pooka (Member # 5003) on :
I was just trying to come up with an explantion for what kq described, which as I said, I have not witnessed - other than your case. P.S. Though it is kind of "out there" in the culture as a cautionary tale.
Posted by katharina (Member # 827) on :
What??
Oh, you mean the guy trying to pull authority on me.
It just didn't come off as speculation. It came off like you were making a pronouncement about a whole population, and it's one with which I vehemently disagree. That'd be like me saying that Mormon men marry young because they are afraid to be by themselves. While it is surely occasionally true, it's a disservice to absolutely everyone involved. Random, insulting speculation about a people is a problem, even if it is your own people.
Posted by pooka (Member # 5003) on :
"General" does have a meaning of "non-specific", you know. It's not the first definition in the dictionary, but it was what I meant. I believe it's an element in the culture. You disagree. I don't know where I was insulting to people. I was saying the cultural idea exists and is wrong. And I'm nearly certain I've heard you complain about people who see marriage as tantamount to happiness, I think you are characterizing me as such a person, but if you read my statement in total, I am not. Is the difference really that I see a cultural pattern while you see individual jerks?
Posted by katharina (Member # 827) on :
quote:Is the difference really that I see a cultural pattern while you see individual jerks?
Yes, I think this is it exactly. I don't think a handful of experiences creates a cultural pattern, and I don't think that the fringe represents the whole. That's why it's a good story - it isn't the norm. If it was the norm, it wouldn't be a compelling story. It's priesthood responsibility run amok, and it's a horror story of good twisted into evil. It's a modern-day Frankenstein of everything that is good. When I think of the legions of good, faithful, humble men in the church, it is unfair to them to say the jerks are the true Mormons. And it is unfair to Mormon women to say that they put up with crap because they think their lives are a waste if they don't get married.
It isn't fair to Mormons in general (word chosen deliberately) to say that the jerks represent their true souls. There's no way you can phrase that that would make me agree with it.
Posted by pooka (Member # 5003) on :
quote:It's a modern-day Frankenstein of everything that is good.
Yes, I think you are right. I have let my own bitterness color my perception of things, and focused on the flaws. I'm actually really glad we had this argument.
Posted by katharina (Member # 827) on :
Posted by The Rabbit (Member # 671) on :
quote:Originally posted by pooka: Well, I don't know what we can do about the general phenomenon of Mormon women seeing singleness as an unhappy outcome that they would be greatly blessed to avoid.
Kat, Perhaps I'm confused but it seems that this statement by pooka is the one you were objecting to originally. If so then I think you have been seriously over reacting. First, she never said that most or even any "Mormon women were desperate to get married at any cost".
Second, I think what she said is accurate. There is a general phenomenon among Mormons (both men and women) to view marriage as highly desirable and singleness as a problem. That view isn't just held by jerks and those who don't really understand the gospel, its rooted in the doctrine that temple marriage is an essential ordinance for exaltation.
If don't think its common for Mormon women to think being single at 30 (or 40 or 50) is an undesirable state, I could find you a boat load of general authority talks directed to the single women of the church that address that specific issue.
Quite frankly, I don't see how you could possibly have grown up in the church, attended young women's meetings and relief society and never heard the message that marriage and motherhood are righteous desires that every Mormon woman should have.
The LDS church teaches that marriage and parenthood are the highest callings to which a person can aspire. When a church teaches something like that, its a pretty natural outcome that many of its members would view being single as a problem. That may not equate to "Mormon women being desperate to get married at any cost" but those were your words, not pooka's.
Posted by katharina (Member # 827) on :
In the first place, I do think that it isn't as big of a deal as some say that it is. I've lived in a lot of places, and the Mormon experience isn't the same on the East Coast as it is in Salt Lake City. I don't think either location has a monopoly on the culture.
Of course I've heard it. I don't think it is inevitable or descriptive of everyone.
Secondly, it came right after the discussion of jerks abusing the priesthood. She may not have said "desperate to get married at all costs" but when it is offered up as an explanation as to why guys try to get away with acting like jerks, the idea is there.
EVEN IF I accepted it as true, it would be the wrong way to tackle the problem. You don't stop people from abusing relationships by making the others involved not want that relationship anymore.
Posted by pooka (Member # 5003) on :
I can't believe I'm going to quote Weight of Glory again, but it starts right at the beginning saying that "unselfishness" is not the same as "love." So indeed "marriage is a righteous desire" is not the same as "singleness is a curse." He was bemoaning that 19 out of 20 good people will tend to say the principal virtue of Christianity is unselfishness.
Posted by katharina (Member # 827) on :
I completely agree.
If you'd said that Mormons see getting married as something greatly to be desired, I'd be fine. Well, no, because of what I said above about ways to deal with those fond of trying to excercise unrighteous dominion, but I wouldn't have objected to your phrasing.
The idea that singleness is something to be avoided is so strange. We all start out not married. It's like trying to avoid having non-tattooed skin. And life is not a race.
[ May 07, 2008, 11:20 AM: Message edited by: katharina ]
Posted by The Rabbit (Member # 671) on :
The interesting thing is that I don't think American Mormon women are all that different from other American women in their desires to get married and have children. I think it would be completely fair to say there is a general phenomenon among women to view marriage as desirable and singleness as a problem to be solved. Certainly not all women feel that way and some are completely satisfied being single, but it is a sufficiently wide spread phenomenon to be the topic of popular movies, TV shows and even comic strips. Even those women who are depicted as being completely satisfied with the single childless life are routinely depicted being nagged by parents about it.
If there is a significant difference in the Mormon culture, it is with how men view marriage not women. In my experience, its much more common for Mormon men to view being unmarried as an unhappy state than is general among Americans at large. Outside the Mormon church, the stereotype is that men try desperately to avoid commitment at all costs while women (and their mothers) try to pressure them into marriage. And while I've known Mormon guys who fit that stereotype, it does seem less common among Mormons than in the general American population.
If some Mormon men use jerkish behavior to pressure women into marriage, its more likely because Mormon men feel pressured to marry at any cost than because they think Mormon women are groomed to respond to that kind of idiocy.
After all, when the LDS general authorities address the issue of singleness among women, the message is usually to find ways to be productive and happy as single women while focusing on the eternal perspective and not to lower their standards. But when they address the issue of singleness among men, the message is often that they need to get off their buts and find a wife.
Posted by pooka (Member # 5003) on :
I was going to raise that difference earlier, the whole "a single 30 year old man is a menace to society" thing. Though the age and the prophet it is ascribed to vary quite a bit.
Posted by Corwin (Member # 5705) on :
I'll soon be celebrating three years until becoming a menace.
Posted by pooka (Member # 5003) on :
I don't know if they meant single men in general. It was more to say that a man who is a member of the church and doesn't get that he should be actively seeking marriage/overcoming obstacles is a concern.
But I'll call you a menace if it makes you happy. I also apologize if I mistook that you were not a church member, if you are.
Posted by Corwin (Member # 5705) on :
Nope, not a member. Just thought this looked funny. Move on, nothing to see here.
Posted by rivka (Member # 4859) on :
quote:Originally posted by Corwin: I'll soon be celebrating three years until becoming a menace.
Pfft. You're a menace right now.
Posted by Hume (Member # 11457) on :
Just noticed a CNN alert that said an appeals court ruled that Texas had no right to take the children.
I haven't actually seen the story yet, though.
Posted by katharina (Member # 827) on :
Good. According to Texas law, removing the children is supposed to be done at the very last resort after everything else has been done.
Posted by Scott R (Member # 567) on :
No word on what the ruling will actually do.
Posted by kmbboots (Member # 8576) on :
Send them back and then take the girls away again when they hit puberty?
Posted by katharina (Member # 827) on :
Send them back and have social workers monitor them?
A majority of children in in the Texas foster care system do not graduate from high school. It is doing them no favors to make that the first option without making every other effort first. What I don't understand is why it was the children who were snatched and scattered across the state instead of the men, who presumably have the power to change things.
Posted by kmbboots (Member # 8576) on :
Those poor girls.
Posted by katharina (Member # 827) on :
Agreed. It would be terrible to have your state have as its central goal the breakup of your family.
Posted by kmbboots (Member # 8576) on :
Almost as terrible as having your parents offer you up as a sexual sacrifice.
But to each her own, I suppose.
Posted by katharina (Member # 827) on :
kmboots, are you referring to me? I can't quite parse the last bit unless you are making the outrageously rude and disingenuous suggestion that I support statutory rape.
Could you clarify?
Posted by kmbboots (Member # 8576) on :
I was not referring to you in the last sentence. Rather that this seems to be the choice that is facing those girls.
Posted by katharina (Member # 827) on :
Now that the state is involved, that doesn't have to be the choice. If it still is, then Texas screwed up again.
Posted by Scott R (Member # 567) on :
kat, even with the revised numbers on pregnant minors removed from the ranch (down to, I think, 32 rather than 41, of 60 odd teen girls removed to state custody), returning the kids to their biological parents may not be in their best interest.
~30 of ~60 minors pregnant? That's still a lot higher than the national average, I think, and merits scrutiny and caution.
Posted by katharina (Member # 827) on :
It absolutely merits scrutiny and caution and it would criminal of the state to just walk away, and I hope it becomes impossible for single other teenage girl to become pregnant from a male over 21 without the male going to jail for it, no matter what they claim their marital status is. That's for everyone, not just the FLDS, by the way.
However, foster care is hell. I don't have the numbers with me and I'm too lazy to find them again, but the vast majority of children in foster care don't graduate from high school. Almost half become addicts at one time or another. All foster children automatically get free tuition at any university in the state system, but still less than 20% go to college. They are rootless, homeless, cared for and loved only intermittently and usually bounce from one home to another unless they are adopted young. It is no refuge unless the danger is immediate and pressing. There's a reason it is legally the absolute last resort.
If the state was concerned about the best interests of the children and clearly didn't care about due process, they'd leave the mothers and children in the homes and arrest all the men.
Posted by kmbboots (Member # 8576) on :
The mothers are complicit*. Scrutiny is going to be even more difficult because the community is united to protect the rapists.
I imagine that at least part of the reason that kids in foster care do so poorly has something to do with the reasons they ended up in foster care.
*edit to add: those that are themselves adults.
Posted by katharina (Member # 827) on :
I'm all for taking the men away. Texas clearly has no problem violating laws and breaking up families.
Foster care is not a permanent solution. Breaking up families - even dysfunctional ones - does so much damage that unless the danger is immediate, the "cure" is worse. Scrutiny may be hard but it isn't impossible, and it shouldn't be abandoned because it's easier to just steal the children and ignore family ties.
Posted by kmbboots (Member # 8576) on :
"Dysfunctional" is, in my opinion, far too mild a word for what these parents were doing to their daughters. It is, in my opinion, worse than if they had been peddling them on the street because, for these girls, having been raised to believe that this is what is supposed to happen to them, there is no escape. "Family ties" of parents who encourage the rape of their daughters should be disregarded.
Posted by Synesthesia (Member # 4774) on :
quote:Originally posted by katharina: It absolutely merits scrutiny and caution and it would criminal of the state to just walk away, and I hope it becomes impossible for single other teenage girl to become pregnant from a male over 21 without the male going to jail for it, no matter what they claim their marital status is. That's for everyone, not just the FLDS, by the way.
However, foster care is hell. I don't have the numbers with me and I'm too lazy to find them again, but the vast majority of children in foster care don't graduate from high school. Almost half become addicts at one time or another. All foster children automatically get free tuition at any university in the state system, but still less than 20% go to college. They are rootless, homeless, cared for and loved only intermittently and usually bounce from one home to another unless they are adopted young. It is no refuge unless the danger is immediate and pressing. There's a reason it is legally the absolute last resort.
If the state was concerned about the best interests of the children and clearly didn't care about due process, they'd leave the mothers and children in the homes and arrest all the men.
Then that's why the foster care system needs to be reformed. Many kids in it go from being taken away from abusive homes to being put in a safe home then brought back to the abusive home or they could end up in an even worse situation. But reforms are needed because as painful as it is for a child to be taken out of an abusive situation it's much worse in the long run for them to stay in it. One of the first reforms should be do not move children multiple times without a good reason. Children need stability and without a stable family to attach to there is a danger of attachment issues such as RAD that can effect them, even if they are adopted at an older age.
Posted by katharina (Member # 827) on :
So it is your position that the rights of American citizens don't apply to parents who are accused of encouraging illegal behavior?
No one has been arrested. No one has been convicted. There has not been due process. There was an accusation, and five hundred children were taken away and scattered across the state. That should send CHILLS down the spine of every American.
How can you object to, say, President Bush seeking illegal wiretaps but be fine with destroying families without even bothering with due process?
Posted by katharina (Member # 827) on :
As a side note, I think you are far too casual with your embrace of peddling them on the streets (with its consequences of violence, diseases, self-loathing, and personal destruction) as a preferable alternative.
So casual, in fact, that I suspect hyperbole and therefore am not sure what you mean sincerely and what you mean for dramatic effect.
Posted by pooka (Member # 5003) on :
Now I wish I'd followed Scott R's thread about surrogacy. But I don't think sperm + egg = family.
Posted by kmbboots (Member # 8576) on :
kat, I think that (again) that you and I have such different ideas of the harm done to these girls that it becomes unproductive for me to discuss it with you. And it is likely just as unproductive for you to guess my level of outrage at what is being done to these girls. An outrage that I find disturbingly missing in this thread. That this is done in the name of religion makes it, for me, worse than otherwise.
I do hope that the men raping these girls were free of disease and that they were "gentle" with them. I think that the destruction and the loathing are not mitigated by the girls being raised to know no better.
Posted by pooka (Member # 5003) on :
I've tried to express outrage throughout. But I haven't had the energy to pervade the thread with it. I mean, people who have been knocked out with a drug are not always raped in a violent way (I'd guess) but have they been violated, even when they aren't sure anything actually happened? I think so.
Posted by Synesthesia (Member # 4774) on :
quote:Originally posted by katharina: So it is your position that the rights of American citizens don't apply to parents who are accused of encouraging illegal behavior?
No one has been arrested. No one has been convicted. There has not been due process. There was an accusation, and five hundred children were taken away and scattered across the state. That should send CHILLS down the spine of every American.
How can you object to, say, President Bush seeking illegal wiretaps but be fine with destroying families without even bothering with due process?
Perhaps there should be due process involved, but the problem is when it comes to children and abuse, it's a no-win situation, If the state doesn't step in and a child dies as a result then you get an outcry of "Something should have been done." The system needs to be changed, but any parent who allows their children to be abused whether it's a sect or a woman who won't leave her abusive boyfriend who is hurting her children doesnt' deserve to have parental rights.
Posted by katharina (Member # 827) on :
If you are suggesting I am anything but disgusted by the prospect of the underage marriages, then you are doing me a severe disservice and also not reading my posts.
I don't think it is necessary to advocate stripping away rights, denying due process, and encouraging streetwalking in order to show proper outrage here.
No one benefits by stopping one evil by committing another.
Would you advocate putting a clause in certain laws that say "If a citizen is accused of this crime, then constitutional rights are ignored."? If that sounds repugnant when made explicit, I don't understand why it is acceptable when it is not.
Posted by Jon Boy (Member # 4284) on :
quote:Originally posted by katharina: No one benefits by stopping one evil by committing another.
This bears repeating. There are laws set up for things like this. The court has said that those laws weren't followed. That doesn't mean that the alternative was to do nothing and to let the abuse continue.
Posted by pooka (Member # 5003) on :
Because it involves suspected crimes against people with no rights at all (children).
Posted by kmbboots (Member # 8576) on :
To clarify, I believe that the standard for at least temporarily taking away parental rights is necessarily lower than the standard for taking away personal rights.
Posted by katharina (Member # 827) on :
Parental rights are personal rights. I think your distinguishing of them is disingenuous.
I'm also horrified by the idea that families only exist at the grace of the state, which is what breaking them up without due process would mean.
Posted by pooka (Member # 5003) on :
I think there are different levels of parental rights, and they can be in conflict with each other. We discuss educational rights a lot. Religious rights should be pretty near unassailable, except where there is sexual predation occuring in the name of religion.
Why do the cultists deem it necessary for young women to enter marriage while still minors?
I never saw Catholics try to excuse sexual abuse by priests. I hope religious sympathy is not behind the tolerance I see from LDS individuals in this thread.
Posted by dkw (Member # 3264) on :
No, they're different, because they give you rights for/over a person other than yourself. There is a line (though people set it in different places) where you would have the right to make such a decision for yourself but do not have the right to make it for your child.
Posted by katharina (Member # 827) on :
Tolerance of what, pooka?
Are you expecting people to join the chorus of McCarthyists in order to prove they don't approve of underage marriages?
--
Saying that laws and rights that were put in place can be blithely tossed out on a whim is a dangerous, horrible precedent.
Posted by MrSquicky (Member # 1802) on :
quote:No one benefits by stopping one evil by committing another.
If the state oversteps their bounds in taking a child out of a place where they were going to get abused, I think the child still benefits.
Is it better for the child in that case if the state didn't step and left them to be sexually abused?
Posted by kmbboots (Member # 8576) on :
pooka, Catholics get no points for how we (as a church) handle sexual abuse. We didn't/don't* try to excuse it so much as ignore it and hide it. And this at the very highest levels of the Church.
* though it is somewhat better now.
Posted by katharina (Member # 827) on :
If the state can prove that all 450 children were in immediate danger of being abused, that'd be great. They haven't.
If the danger is not immediate, then the removal was inappropriate and due process should occur.
Posted by MrSquicky (Member # 1802) on :
That's not what I'm talking about. You made a pretty absolute statement:
quote:No one benefits by stopping one evil by committing another.
that doesn't seem realistic to me.
Stopping one evil by performing another obviously can benefit people. It's one thing to be upset about violations of due process and quite another to say that letting people - children in many cases - suffer is always better than committing an evil or unlawful act to stop it.
Posted by pooka (Member # 5003) on :
It seems to me that the majority of the people on this thread who see this as a valid family being disrupted are LDS.
Posted by camus (Member # 8052) on :
quote:Originally posted by katharina: If the state can prove that all 450 children were in immediate danger of being abused, that'd be great. They haven't.
If the danger is not immediate, then the removal was inappropriate and due process should occur.
I would say that they were in danger of being abused emotionally and in immediate danger of harmful indoctrination. But I'm not sure how one could setup a criteria for determining this, and thus a way for it to be proven.
Posted by katharina (Member # 827) on :
If the children are about to suffer, then removing them is not unlawful and is not evil.
If there is no evidence that the children are about to suffer and none can be found, then removing them is.
If the point is their religious beliefs are repugnant and therefore the members of that religion should lose rights even if there is proof that the individual has done anything illegal and the state can find no legal justification for it, then you've got the wrong country.
Posted by MrSquicky (Member # 1802) on :
quote:If the children are about to suffer, then removing them is not unlawful and is not evil.
That's not true.
quote:If there is no evidence that the children are about to suffer and none can be found, then removing them is.
No evidence or not enough evidence to satisfy the burden of proof? There was clearly some evidence that indicated that these children were being abused.
Posted by katharina (Member # 827) on :
I am not interested in conversing with you because you are insisting on finding something to nitpick and ignoring my larger point.
Posted by MightyCow (Member # 9253) on :
If fewer crazy, abusive people had children in the first place, we wouldn't have this kind of problem.
Posted by katharina (Member # 827) on :
Have we been reduced to calling for eugenics?
Posted by MrSquicky (Member # 1802) on :
kat, You seem to falling into the same trap that it looks like the authorities in Texas did, believing that the righteousness of your larger cause excuses all the glaring mistakes you make in pursuing it.
The things you are saying are not true and, in some cases, pretty terrible.
If you're working from these poor positions and won't answer for them, I don't know that anyone trying to have an honest conversation on this is going to get very far with you.
Posted by MrSquicky (Member # 1802) on :
quote:If the point is their religious beliefs are repugnant and therefore the members of that religion should lose rights even if there is proof that the individual has done anything illegal and the state can find no legal justification for it, then you've got the wrong country.
I'm pretty sure the main point is the rape of children. You seem to not be considering this.
Posted by MightyCow (Member # 9253) on :
quote:Originally posted by katharina: Have we been reduced to calling for eugenics?
Since we've already been reduced to strawmen, I'll let you decide what we're reduced to next
Posted by katharina (Member # 827) on :
Mr. Squicky, because of your deceitfulnesses in deliberately misrepresenting my feelings about the underage pregnancies, I have no interest in conversing with you.
Posted by MrSquicky (Member # 1802) on :
quote:Mr. Squicky, because of your deceitfulnesses in deliberately misrepresenting my feelings about the underage pregnancies, I have no interest in conversing with you.
What the crap are you talking about?
Posted by kmbboots (Member # 8576) on :
I think that in cases of domestic abuse there is generally an enormous gray area between probably cause to remove children from harm and sufficient evidence to convict people of that abuse. This is especially true because the abused are often unwilling to provide evidence in their own behalf.
The state of Texas could have several motives for stepping in in this case. While I am not usually inclined to assume that the government has benevolent motives, it seems far more likely to me that the state stepped in to rescue children than to pick on people who have a different religion. I honestly don't think that the state would have involved themselves had children not be involved.
I find it a bit bizarre that this doesn't in general seem to be the more obvious motive.
Posted by katharina (Member # 827) on :
I think most people have good intentions when they ignore due process and violate rights. I have no doubt that the executive branch had good intentions when it ordered all those illegal wiretaps.The good intentions don't justify it.
Posted by kmbboots (Member # 8576) on :
And I have already explained why I don't believe the situations are comparable.
Posted by Samprimary (Member # 8561) on :
quote:Originally posted by katharina: I think most people have good intentions when they ignore due process and violate rights. I have no doubt that the executive branch had good intentions when it ordered all those illegal wiretaps.The good intentions don't justify it.
Can't say I think these situations are analogous in quite the way you want them to be.
Posted by Scott R (Member # 567) on :
quote:If the state oversteps their bounds in taking a child out of a place where they were going to get abused, I think the child still benefits.
ONE child may benefit. But what about the precedent that is set by the state if their illegal actions go unchallenged? This is the point I've been worried about all along.
Do we sacrifice liberty for security?
Posted by Scott R (Member # 567) on :
Interesting article.
Posted by MrSquicky (Member # 1802) on :
quote:ONE child may benefit. But what about the precedent that is set by the state if their illegal actions go unchallenged? This is the point I've been worried about all along.
I'm not disputing that. I'm a big proponent of due process and the rule of law being enforced in nearly all cases.
I believe, in all but a few cases, the harm done by violating the law and promoting the idea that this is acceptible would outweigh the benefits. However, it's fundamentally untrue and a untenable starting point to say that the child does not benefit.
---
In this particular case, they were raping children, raising their daughters to be raped, and raising their sons to think that it was good and righteous that they rape children. It looks like they way overstepped their bounds in trying to deal with this and I think some people have some very serious explaining to do in regards to this, but, while some people, kat especially, seem to want to cast this as the authorities picking on an innocent "weird" religious group, I think the much more likely explanation is that they were primarily motivated by a desire to stop this FLDS approved raping of children.
While I still may disagree that this justifies stepping outsides the bounds of their authority, the question of what would you do if you had very good evidence that this rape was happening but you weren't in a place to stop it through your authorized channels seems pretty relevant.
It's very easy to say "They broke the rules and that's always wrong." It's even easier if you postulate, as kat did, that no one ever benefits from something like this, but I think, in order to give a fair assesment, you've got to take into account the situation that they were taking these kids out of.
[ May 23, 2008, 09:29 AM: Message edited by: MrSquicky ]
Posted by katharina (Member # 827) on :
From the article linked:
quote:Even if one views the FLDS belief system as creating a danger of sexual abuse by grooming boys to be perpetrators of sexual abuse and raising girls to be victims of sexual abuse ... there is no evidence that this danger is 'immediate' or 'urgent'," the court said.
"Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal."
The court said the state failed to show that any more than five of the teenage girls were being sexually abused, and offered no evidence of sexual or physical abuse against the other children. Half the youngsters taken from the ranch were 5 or younger. Only a few dozen are teenage girls.
...
Of the 31 people the state initially said were underage mothers, 15 have been reclassified as adults, and one is 27.
I hope that the appropriate measures can be taken to make sure that teenage girls are safe, and I hope they do it better than the outrageously highhanded and unAmerican method used at first.
They did this BADLY.
Posted by MrSquicky (Member # 1802) on :
quote:They did this BADLY.
I'm not seeing anyone disputing this.
Posted by Scott R (Member # 567) on :
quote:In this particular case, they were raping children
CPS maintains that there is evidence showing that 5 of 31 girls have been/are being sexually abused. If I understand the latest statistics, 7 of 10 girls have been/are being sexually abused in the wider American society.
quote:raising their daughters to be raped, and raising their sons to think that it was good and righteous that they rape children.
I'm not sure what they were teaching on that ranch. CPS maintains that they know-- as far as I know, they haven't been able to show actual evidence linking "doctrine" and action.
If what is being said about their doctrine is true, then it's abhorrent. But if they aren't acting on their doctrine there's very little the state should be able to do.
Posted by katharina (Member # 827) on :
I was thinking of the threads we've had on Hatrack where Hatrack parents had CPS come to their door because someone made an anonymous call. There was much sympathy for the parents, especially when it was suspected that the anonymous call was made for spurious reasons.
What if CPS could take children, at any time, for months at a time, 600 miles away, with impunity? Once that power is granted, does anyone really think it would never be abused? Even if you think it wasn't an abuse the first time it was done, it would quickly become so.
What if the call was made because the child was living with two gay men and the caller thought that was teaching something morally abhorrent?
I believe in the rule of law. If the laws don't allow for the removal children in danger safely, then the laws need to be changed. But state agencies with that kind of power over people's lives - children's lives - should be held to the strictest standard of acting within the law.
Posted by katharina (Member # 827) on :
Keeping adults in foster care after being shown a birth certificate? Granted, it's they said/she said right now, but her story certainly seems more credible. If you have a birth certificate proving you are an adult, that would be the first thing busted out if someone is trying to remove you from your home.
Posted by MrSquicky (Member # 1802) on :
quote:CPS maintains that there is evidence showing that 5 of 31 girls have been/are being sexually abused. If I understand the latest statistics, 7 of 10 girls have been/are being sexually abused in the wider American society.
I'm having trouble seeing a 70% sexual abuse rate in the general population and I'd quibble with the evidence of 5 out of 31 by saying that these are the cases where they have enough evidence to strongly establish this, but, leaving that aside, I'm not sure how this is relevant.
Posted by Scott R (Member # 567) on :
quote:I'm having trouble seeing a 70% sexual abuse rate in the general population
quote:1 in 4 girls is sexually abused before the age of 18.
Not sure where I picked up that number; I guess I need to revisit my paranoias.
quote: I'd quibble with the evidence of 5 out of 31 by saying that these are the cases where they have enough evidence to strongly establish this
Then keep in mind that no adult has been arrested or charged.
quote:I'm not sure how this is relevant.
It may not be. What are you arguing for, here? My point was to show that the evidence we have right now reveals that the situation on the YFZ ranch doesn't seem to be as terrible as it is in wider American society. (That is-- 1 in 4 girls being abused in general American society; 1 in 6 girls being abused at YFZ ranch)
Given that the CPS in Texas doesn't seem to be given to raiding suburbs in order to rescue the 25% of girls being abused therein; given that I assume they follow due process in all their other cases; given that the appellate court ruled yesterday that CPS erroneously treated the whole ranch as a single household-- I maintain that a religious bias is an understandable motive in the raid.
EDIT: That is, I think that thinking that CPS had a religiously biased motive for raiding YFZ is not an illogical, or unsupported position.
Posted by dkw (Member # 3264) on :
Scott, from the site you linked only 30-40% of that 1 in 4 are abused by a family member. It includes situations where the parents either don't know that anything untoward has happened or the parents are the ones who find out and report it. Since the allegations in the YFZ case are that the abuse is happening with full knowledge and collaboration of the parents, your numbers don't line up.
Posted by MrSquicky (Member # 1802) on :
Scott, I'm not getting the equivilence between a definied, isolated community that, alledgedly, had a culturally condoned system of child rape and the entirety of society. If I'm reading you right, you think that because DPS isn't raiding every house in Texas, they are likely acting on religious prejudice here?
That doesn't make any sense to me. I expect them to act in cases where they have credible evidence that abuse is occuring, as seems to be the case here. Do you have evidence that they have been inactive in cases where they had evidence of abuse?
---
Look, I'm pretty sure that the CPS regarded the FLDS with a great deal more suspicion because the lived in an isolated, cult compound and believed in things like polgamy. In a case like that, I can see how, having found that they were raping children, people would be quick to decide that this systematic, culturally approved rape was more widespread than they had hard evidence for. So, I do believe that they likely were treated differently because of their "weird" beliefs and way of living. But I also believe that this different treatment was in the form of treating the child rape as more widespread and more of immediate threat than it was and not in the form of taking action in the case of evidence of them raping children.
I also think that this prejudice was formed more from the structure of the situation and not in its religious nature. A non-religious separatist compound set up in similarly "weird" way that practived polygamy and was also raping children in a culturally sanctioned way would have been treated similarly.
edit: Spelling
[ May 23, 2008, 11:25 AM: Message edited by: MrSquicky ]
Posted by MattP (Member # 10495) on :
quote:Not sure where I picked up that number; I guess I need to revisit my paranoias.
It was concocted by NOW or another feminist organization that classified any number of relatively benign offenses, such as an unwelcome pat on the rear as "sexual abuse."
Posted by ElJay (Member # 6358) on :
An unwelcome pat on the rear may not be sexual abuse, but it is decidedly sexual assault. And when you're 12 and don't understand what's going on, it is definately not benign.
Posted by katharina (Member # 827) on :
No kidding. That kind of liberty taken is not harmless - it's demeaning and it's meant to take advantage. That it isn't a big advantage doesn't mean it's meaningless.
quote:The court went on to reject the two central arguments proffered by the state: that evidence of a handful of pregnant minors was enough to prove that all the children were endangered, since they lived under a single "umbrella of belief," and that all the children reside in an abusive "household" because the entire ranch constitutes a single home. Nope, said the court. The raid swept too broadly in seizing prepubescent children who were in no imminent danger. Minors residing in different households faced no immediate physical danger, either. In the end, most of the 400-plus children were grabbed merely because they shared a "pervasive belief system," and in the eyes of the appeals court, that simply doesn't rise to any kind of imminent physical danger. Some of these children may well face harm someday, but that wasn't reason enough to grab all of them on April 3.
You may well be horrified by the prospect of hundreds of children being returned to a compound in which a girl's highest aspiration is to be married, at age 15, to a guy born when Harry Truman was president (a guy whose other wives are old enough to be your grandmother and—in some cases—may even be your grandmother). But what the Texas appeals court found today was that your horror alone, or the horror of the incredibly well-meaning folks at Child Protective Services, does not rise to the legal standard of imminent physical danger to that child. There are formal legal steps to be taken before removing a child from her home and family, and you don't get to cut corners in the interest of grand symbolic gestures, even when the grand symbolic gesture is that incest, abuse, and polygamy have no place in America.
A long history of eliding detailed legal rules and procedures is the reason we've yet to see a single trial end in a conviction at Guantanamo Bay. Let's hope it will not now prove the reason we don't see a single conviction at the Yearning for Zion Ranch.
Posted by Scott R (Member # 567) on :
quote:Originally posted by dkw: Scott, from the site you linked only 30-40% of that 1 in 4 are abused by a family member. It includes situations where the parents either don't know that anything untoward has happened or the parents are the ones who find out and report it. Since the allegations in the YFZ case are that the abuse is happening with full knowledge and collaboration of the parents, your numbers don't line up.
Good point. It makes a difference who is abusing the children when it comes to custody cases. Thanks, dkw.
quote:having found that they were raping children, people would be quick to decide that this systematic, culturally approved rape was more widespread than they had hard evidence for.
But that's the problem, and that's what the appellate court called them down for-- they *didn't* find widespread rape of children. CPS didn't show that there was evidence of immediate danger of sexual abuse.
I mean, at this point, Squicky, saying that the FLDS at the YFZ Ranch were raping children systematically is just a flat out mistake. Sure it's possible that they were, but as far as I can tell, there's no evidence for the systematic abuse they're accused of.
Are you maintaining that CPS was correct in removing all the children based on the evidence they had?
Posted by kmbboots (Member # 8576) on :
Nope. You're absolutely right, Scott. They should have left them there to be raped. Or somehow otherwise magically pregnant at fifteen. If that is how their parents want it, hey, who are we to care about what happens to those girls. The only possible reason we would want that stopped is so that we can persecute people with "weird" religious beliefs.
Posted by MattP (Member # 10495) on :
quote:Originally posted by ElJay: An unwelcome pat on the rear may not be sexual abuse, but it is decidedly sexual assault. And when you're 12 and don't understand what's going on, it is definately not benign.
Note that I used the qualifier "relatively". Unless you believe forced penatrative sex is similar in effect to a swat on the bottom, I think this response, implying that I consider *any* unwelcome sexual behavior to be benign, is a bit unfair.
It's a whole different level than fondling or rape, which is what the terms "abuse" and "assault" tend to evoke in the imagination. In any case that was just an example off the top of my had. Other abusive behaviors included inappopriate comments and leering. If one person, at some time in your youth, called you a dirty name or glanced at your chest, you'd qualify as a victim of sexual abuse by the criteria they used.
EDIT: I'm referring to the 70% number above, not the 1-in-4.
Posted by katharina (Member # 827) on :
kmboots, I understand that you are outraged by the situation, but are you saying that because of the culture, the laws do not apply? That the state should be able to ignore due process if someone is outraged enough by the "umbrella of belief."
What if the "umbrella of belief" in the home that the CPS objected to was that homosexual activity is perfectly okay? Texas is conservative and religious - it's not an outrageous suppostion. I doubt you'd be so supportive of ignoring due process then.
Posted by kmbboots (Member # 8576) on :
Are the homosexuals raping children?
Posted by katharina (Member # 827) on :
Considering CPS doesn't have proof, all that would be needed would be an anonymous phone alleging that they did. The "umbrella of belief" that homosexual sex is okay would be enough to support snatching the children away without bothering with, you know, due process.
So you're supportive of bureaucrats tossing out laws when it suits them?
Posted by ambyr (Member # 7616) on :
quote:It's a whole different level than fondling or rape, which is what the terms "abuse" and "assault" tend to evoke in the imagination.
This seems like saying that because "assault and battery" brings to mind an image of someone being shot, it is inappropriate to use those words to describe someone being punched. What word would you use, other than "assault," for being slapped on the ass by a stranger?
Posted by Scott R (Member # 567) on :
quote:Originally posted by kmbboots: Nope. You're absolutely right, Scott. They should have left them there to be raped. Or somehow otherwise magically pregnant at fifteen. If that is how their parents want it, hey, who are we to care about what happens to those girls. The only possible reason we would want that stopped is so that we can persecute people with "weird" religious beliefs.
Hey. Knock it off.
EDIT:
To elucidate, kmboots, I didn't argue this. Do you want to address the things I have argued?
Posted by kmbboots (Member # 8576) on :
Honestly, I don't know why I am even talking to you about this.
What would you have preferred they do? Again. The burden of proof for convicting someone of a crime is different than that of removing a child from possible harm.
How do you think those girls got pregnant?
If that guy in Austria had religious reasons for keeping his daughter in the basement and had raised her to share those beliefs, would the state have had any right to step in?
Posted by katharina (Member # 827) on :
quote:What would you have preferred they do?
Hello, follow the law? Use due process? Get warrants, collect evidence, arrest the perpetrators?
There was an avenue where everyone could have been protected. It isn't like there isn't laws against statutory rape.
Posted by MattP (Member # 10495) on :
quote:This seems like saying that because "assault and battery" brings to mind an image of someone being shot, it is inappropriate to use those words to describe someone being punched. What word would you use, other than "assault," for being slapped on the ass by a stranger?
Except for the the fact that "assault and battery" do not evoke such an image, I understand your point. I was just indicating the dishonest means by which the "70% of women have been sexually abused" figure came about. Many women who would say "yeah, I caught a guy checking out my breasts" would disagree that they were sexually abused in the process.
Personally, I'd rather just call it a slap on the ass.
Posted by ElJay (Member # 6358) on :
MattP, an unwelcome sexual swat on the bottom and leer at 12 is terrifying. No, it is not at the same level as forced penatrative sex, but yes, it is similar. It's on the same scale. Even with the qualifier of relatively, there is no way that I would apply the word benign to it. At all, ever.
And I think there is value to statistics that show the percentage of girls under 18 that have been subjected to that kind of abuse in this country. It's part of making it unacceptable, and making sure people treat it as unacceptable instead of brushing it off as relatively benign.
Posted by katharina (Member # 827) on :
It isn't "just" anything. When you're twelve years old and are intruded on and treated like that, it is traumatic. It isn't harmless.
What about those women who say "This guy cupped his hands around my breasts in the elevator." Should that also be dismissed?
Posted by ambyr (Member # 7616) on :
quote:Personally, I'd rather just call it a slap on the ass.
Well, good for you, I suppose. I would call it assault, and I would press charges, and I don't know a whole lot of women who wouldn't.
[eta] I should add, I would press charges if I could. Because the one time I was sexually assaulted, the details of which I don't think are appropriate for this forum, the police weren't inclined to lift a finger, even though the perpetrator had left rather a lot of DNA evidence, so to speak. Because, after all, there hadn't been forced penetrative sex, so why did it matter?
Posted by kmbboots (Member # 8576) on :
quote:Originally posted by katharina:
quote:What would you have preferred they do?
Hello, follow the law? Use due process? Get warrants, collect evidence, arrest the perpetrators?
There was an avenue where everyone could have been protected. It isn't like there isn't laws against statutory rape.
And in a situation where the entire community, including the victims, is bound to protect the perpetrators, you can't see how that isn't as simple as you want to make it?
And, one more time, the burden of proof for convicting someone of rape is less than it is for removing a child from possible harm.
edit to add: And I am really done with this. It is just making me angry. You can go right on thinking that I approve of government intrusion and persecting religious people. I will continue to think that, as long as people are religious about it, you are okay with protecting the parental rights of parents who want their daughters forced into "marriage" at fifteen.
Posted by ElJay (Member # 6358) on :
I don't believe that the 70% statistic includes leering. Can you cite that?
Posted by Scott R (Member # 567) on :
In case this was addressed to me:
quote:Originally posted by kmbboots: Honestly, I don't know why I am even talking to you about this.
Far be it from me to make judgments about your motivations. If you don't know, I'm certainly in no position to make suggestions.
quote:What would you have preferred they do? Again. The burden of proof for convicting someone of a crime is different than that of removing a child from possible harm.
And the appellate court maintained that CPS had no reason to remove all 450+ kids. Are you arguing that the appellate court got it wrong?
quote: If that guy in Austria had religious reasons for keeping his daughter in the basement and had raised her to share those beliefs, would the state have had any right to step in?
If the guy was found to be doing something illegal, of course.
Is there evidence that the FLDS were engaged in systematic abuse?
Posted by katharina (Member # 827) on :
quote:And in a situation where the entire community, including the victims, is bound to protect the perpetrators, you can't see how that isn't as simple as you want to make it?
We do not get to ignore due process because it is difficult.
Are you a big fan of Guatanamo Bay? The people there are accused of abetting terrorism. How can you be opposed to that but supportive of this?
quote:And, one more time, the burden of proof for convicting someone of rape is less than it is for removing a child from possible harm.
And pathetically, CPS didn't even make that standard. Forget ironclad proof and evidence - they didn't even have enough for that.
Posted by kmbboots (Member # 8576) on :
Please see my edit above. I'm done.
Our world views are clearly too different for us to understand each other.
Posted by katharina (Member # 827) on :
What, "Unless you are willing to toss out the law, you clearly love the perps"? "The real patriots/moral arbitrators are vigilantes"? "Who needs laws when you have outrage"?
How very Bush of you.
Posted by MrSquicky (Member # 1802) on :
Scott, What definition are you using for systematic? I'm using it to mean "conforming to a system and/or pricinciples; deliberate." From what I can tell, this was the case in the FLDS compound.
quote:And the appellate court maintained that CPS had no reason to remove all 450+ kids.
No reason or not sufficient reason? I think there is an important difference between the two.
Posted by MrSquicky (Member # 1802) on :
quote:Considering CPS doesn't have proof
Why do you keep pressing this obviously false angle?
They do have proof that rape occurred.
Posted by Scott R (Member # 567) on :
There was no reason to remove all 450 children. The state, as I understand things, only removes children when there is imminent danger. There was no imminent danger to all 450 children, according to the appellate court's findings.
There may have been imminent/immediate danger to some of the 450 children, however, and in those cases, the children in question could legally be removed.
Is this your understanding as well?
Systematic as I've used it means widespread and culturally ingrained.
quote:From what I can tell, this was the case in the FLDS compound.
This was the case with what? Child abuse?
If you do mean child abuse, how do you reconcile the appellate court's findings with your own views? Or do you?
Posted by MattP (Member # 10495) on :
*sigh* From what I read when I looked into that statistic, which is over a decade old now, it was based on the broadest possible definition of sexual abuse and, I believe, was dishonest in it's methodology. Regardless of the protestations here, there is a world of difference between persistent, systematic rape and other unwelcome sexual acts. My friend who was raped for several years by her fathers and brothers was most definitely a victim of sexual abuse and still suffers from it. A girl who got pinched on the butt by a boy in junior high school was not and likely doesn't even remember that incident any more. The butt pinching is still wrong, and still should be answered, though nowhere near as harshly, but both incidents shouldn't be munged into one "sexual abuse" statistic with no indication that the two incidents are being treated as equivalent. It demeans one event and elevates the impact of the other.
Posted by MrSquicky (Member # 1802) on :
quote:The state, as I understand things, only removes children when there is imminent danger.
Honestly, I don't know, but I doubt that this is correct. I certainly hope that the bar is not set that high. If what seems to be the case, i.e. these kids are raised to be raped and believing that this is right and just, I believe that the parents should ultimately lose their rights to them, even though it can't be proved that a specific child is in imminent danger. Do you disagree?
---
quote:If you do mean child abuse, how do you reconcile the appellate court's findings with your own views? Or do you?
I'm not sure what you mean. What needs to reconciled? Has the appellate court shown that there was not culturally condoned, deliberate raping of children?
Posted by Scott R (Member # 567) on :
To make sure I'm clear:
It's obvious that CPS had some reason for removing some children. They maintain that at least 5 girls were/are being sexually abused.
Whether or not their findings pan out will be seen in the future. I assume that the evidence they have on the 5 girls is valid; I wonder why they have apparently not made any arrests, however.
I believe it is essential to the health of our current society that the state have some powers to remove children from parental custody.
Equally, I believe it is essential to the health of our current society that citizens watch those organizations endowed with this power very, very closely to make sure that bounds are not crossed.
I don't think anyone has argued to the contrary on this board.
While recognizing that CPS apparently had a reason to remove SOME children, I'm appalled with their heavy-handed barnstorm of an entire community. The appellate court seems to agree. It is not just that they raided a religious community that is irksome-- it is that they apparently acted outside of the bounds set by the law.
They became illegitimate surrogates.
If they had invaded an atheistic hippie commune, I think I would be just as incensed.
Posted by Mucus (Member # 9735) on :
If I may be so bold, I think a part of the reason why the discussion is so heated at this juncture are exaggerated statements like:
quote:Originally posted by katharina: Are you expecting people to join the chorus of McCarthyists in order to prove they don't approve of underage marriages?
or
quote:Originally posted by katharina: Agreed. It would be terrible to have your state have as its central goal the breakup of your family.
which are really pretty similar to Occasional's entry into the thread.
Once you presume that the people working on this case are intentionally persecuting religious families to break them up or compare people to McCarthyists, once you eliminate even the possibility that people are independently coming to their conclusions or that the state in this case is making a good faith effort (albeit screwing up), then its only a short skip away to a pretty unnuanced discussion.
I think that Squickly hit the nail on the head with:
quote:Originally posted by MrSquicky: ... I also think that this prejudice was formed more from the structure of the situation and not in its religious nature. A non-religious separatist compound set up in similarly "weird" way that practived polygamy and was also raping children in a culturally sanctioned way would have been treated similarly.
If this was a Marxist commune which shared children's bodies rather than commodities and goods, the debate wouldn't last nearly as long.
Even the remote possibility of religious persecution with no corresponding evidence seems to be enough to hit nerves and set off a rather disproportionate response.
Posted by katharina (Member # 827) on :
It is correct. By Texas law, children are only to be taken from their homes when they are in immediate danger and after a reasonable effort has been made to solve the problems through other methods.
If you're advocating taking the children of all those who teach beliefs that are dangerous - not commit actions, but teach beliefs, then I emphatically disagree. We prosecute on the basis of wrong actions, not on wrong beliefs.
As a result, people teach crappy things to their children. On the upside, we don't live in a totalitarian, fascist state. So, yay.
Those who trade liberty for security end up with neither.
Posted by MrSquicky (Member # 1802) on :
quote:It is correct. By Texas law, children are only to be taken from their homes when they are in immediate danger and after a reasonable effort has been made to solve the problems through other methods.
What source are you using for that?
---
edit: As I said, if that is actually the case, I'm pretty disatisfied with it. If these parents are raising their children with the deliberate intention that they regard rape as acceptible or even commendable and with the very real possibility that they will be raped with the assent of the parents and community, that seems to me a clear case where the state should step in to remove those children. Do you really disagree with that kat?
Posted by katharina (Member # 827) on :
Slate.
Too lazy to look it up. There's at least one link on this page. You're welcome to look there - they have a whole sheaf of articles about it, and most of them cite one or another portion of the law.
If you disagree, I'd like to see a cite of the criteria for taking children from the home that support your beliefs about what the standard is.
Posted by Scott R (Member # 567) on :
quote:Originally posted by MrSquicky:
quote:The state, as I understand things, only removes children when there is imminent danger.
Honestly, I don't know, but I doubt that this is correct.
From the article I posted last page:
quote:The Third Court of Appeals in Austin said the state failed to show the youngsters were in any immediate danger, the only grounds in Texas law for taking children from their parents without court action.
quote:If what seems to be the case, i.e. these kids are raised to be raped and believing that this is right and just, I believe that the parents should ultimately lose their rights to them, even though it can't be proved that a specific child is in imminent danger. Do you disagree?
Yes, I disagree with the following explanation: Without proof of actual imminent harm; without proof of actual child abuse, the parents should retain their parental rights. And the state should certainly be vigilant about monitoring such families within legal bounds.
If the government can take away children for the ideology that their parents teach-- without actual action on that ideology-- then we have given the government far too much power.
quote: Has the appellate court shown that there was not culturally condoned, deliberate raping of children?
It has ruled that the evidence provided by CPS is not sufficient to justify the action taken by CPS.
Do you feel that the appellate court made the right decision?
I'm not willing to condemn all the FLDS as child rapists until I see widespread, systematic, ACTUAL evidence of rape.
Posted by MrSquicky (Member # 1802) on :
kat, Slate supports no such thing. The only references in it were to emergency removal, not any sort of removal.
Posted by katharina (Member # 827) on :
Squick, I can't even tell what you are arguing for here.
Are you supporting the past actions of CPS that are in dispute here, or are you supporting the removal all children from parents who teach but do not action on beliefs you find repulsive? Or both?
If you support the non-emergency removal of children from parents who teach beliefs you find repulsive but where there is no evidence of illegal actions, what laws are you planning this to be justified by? If there aren't any, what new ones are you proposing?
Posted by Scott R (Member # 567) on :
quote:Originally posted by Mucus: If this was a Marxist commune which shared children's bodies rather than commodities and goods, the debate wouldn't last nearly as long.
Even the remote possibility of religious persecution with no corresponding evidence seems to be enough to hit nerves and set off a rather disproportionate response.
I can't speak for anyone but myself.
And I already have:
quote:If they had invaded an atheistic hippie commune, I think I would be just as incensed.
Posted by MrSquicky (Member # 1802) on :
quote:Originally posted by Scott R:
quote:Originally posted by MrSquicky:
quote:The state, as I understand things, only removes children when there is imminent danger.
Honestly, I don't know, but I doubt that this is correct.
From the article I posted last page:
quote:The Third Court of Appeals in Austin said the state failed to show the youngsters were in any immediate danger, the only grounds in Texas law for taking children from their parents without court action.
While it's not conclusive, doesn't that strongly suggest that the state does take children away when they are not in immediate danger?
---
edit:
quote:If the government can take away children for the ideology that their parents teach-- without actual action on that ideology-- then we have given the government far too much power.
Emphasis mine. In this case, there has already been action on that ideology. The community has, the parents included, explicitly condoned the rape of other children.
Posted by katharina (Member # 827) on :
Guessing at whgat the law might be is useless - our opinions on what it should be don't matter.
What do the laws say that support the non-emergency removal of children?
Posted by Scott R (Member # 567) on :
quote: The Third Court of Appeals in Austin said the state failed to show the youngsters were in any immediate danger, the only grounds in Texas law for taking children from their parents without court action.
----
While it's not conclusive, doesn't that strongly suggest that the state does take children away when they are not in immediate danger?
If they do, it's apparently without a legal ground to stand on.
Posted by MrSquicky (Member # 1802) on :
What are you basing that on? To me, the indicative part is that this is noted as the only grounds in Texas law for taking children from their parents without court action. This strongly suggestes to me that there are grounds for taking children away from their parent with court action that are not limited to showing that they are in immediate danger.
Posted by dkw (Member # 3264) on :
I don't know about Texas, but I do know that Squick's impresssion is how it works here -- emergency removal can happen without prior court action, and requires imminent danger (and is followed by a court hearing). In non-emergency situations the court action has to happen first, and grounds can involve something like "persistant abuse or neglect" even if it doesn't meet the "immanent danger" level.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by Scott R: I can't speak for anyone but myself.
Indeed, however, in your case I am willing to entertain the possibility that if we could somehow rate indignation as a real number, your indignation in that case would be in the same neighbourhood or the same order of magnitude as it is currently.
However, I am rather dubious that you would be *more* indignant, thus you would probably be less indignant, albeit in the same range.
However, in many other cases, Occasional's being the most obvious, I am almost certain that the level of indignation would be in a completely different order of magnitude if not totally reversed.
Posted by katharina (Member # 827) on :
The lack of court action is exactly what I'm objecting to in this case. The reckless disregard of due process is my problem - I don't think that's okay unless the danger meets a certain standard, which CPS failed to prove that it did.
If you're talking what sort of people should be allowed to keep their children based on what they are teaching them, that's an entirely different debate.
Posted by Scott R (Member # 567) on :
quote:Originally posted by MrSquicky: What are you basing that on? To me, the indicative part is that this is noted as the only grounds in Texas law for taking children from their parents without court action. This strongly suggestes to me that there are grounds for taking children away from their parent with court action that are not limited to showing that they are in immediate danger.
I suppose you're right, but I don't see the point of it in this conversation.
Posted by Scott R (Member # 567) on :
quote:Originally posted by Mucus:
quote:Originally posted by Scott R: I can't speak for anyone but myself.
Indeed, however, in your case I am willing to entertain the possibility that if we could somehow rate indignation as a real number, your indignation in that case would be in the same neighbourhood or the same order of magnitude as it is currently.
However, I am rather dubious that you would be *more* indignant, thus you would probably be less indignant, albeit in the same range.
However, in many other cases, Occasional's being the most obvious, I am almost certain that the level of indignation would be in a completely different order of magnitude if not totally reversed.
How about you take the easy way out, and just decide not to rate other people's motivations at all?
Posted by MrSquicky (Member # 1802) on :
quote:If you're talking what sort of people should be allowed to keep their children based on what they are teaching them, that's an entirely different debate.
As I've pointed out numerous times, this isn't merely a matter of teaching, but of actual case of child rape.
Posted by katharina (Member # 827) on :
That seems like an entirely different debate. Are you not interested in talking about the present situation with CPS, or are you content with the outcome that they acted highhandedly and without justification?
Posted by Scott R (Member # 567) on :
quote:Originally posted by MrSquicky:
quote:If you're talking what sort of people should be allowed to keep their children based on what they are teaching them, that's an entirely different debate.
As I've pointed out numerous times, this isn't merely a matter of teaching, but of actual case of child rape.
In those cases where there is actual evidence of harm or danger, I agree with you.
Where there is only ideology and no proof of action or danger, the state should yield the parents' rights.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by Scott R: How about you take the easy way out, and just decide not to rate other people's motivations at all?
Erm, why? I'm not sure how that kind of intentional ignorance would help me. Everyone has an agenda of some kind or another.
Posted by MrSquicky (Member # 1802) on :
So, if CPS can show conclusively that there ocurred community approved/encouraged, deliberate rape of children and that the community (including the parents we're talking about) continues to advocate this rape, would it (or rather, in your opinion, should it) potentially be within the authority of the state to take these kids away from their parents?
Posted by katharina (Member # 827) on :
I don't think it should. The state regulates actions, but not thoughts and beliefs.
What if it wasn't organized? What if it was instead a neighborhood where most of the girls ended up pregnant in high school? I'm thinking of the students in my friend's class who deliberately get pregnant in high school because in their culture, that's how you prove you're an adult. I have known more than one great-grandmother less than fifty years old. I don't support suspending the parental rights of them, either.
That is NOT to say that the state should do nothing, but there are actions and choices between taking all children at birth whose parents have a certain belief system and doing nothing.
Posted by Scott R (Member # 567) on :
quote:Originally posted by Mucus:
quote:Originally posted by Scott R: How about you take the easy way out, and just decide not to rate other people's motivations at all?
Erm, why? I'm not sure how that kind of intentional ignorance would help me. Everyone has an agenda of some kind or another.
It's not intentional ignorance. It's a deliberate decision to not believe the straw men your mind constructs for other people's motivations.
quote: if CPS can show conclusively that there ocurred community approved/encouraged, deliberate rape of children and that the community (including the parents we're talking about) continues to advocate this rape, would it (or rather, in your opinion, should it) potentially be within the authority of the state to take these kids away from their parents?
It depends. Without action, I'm very hesitant to punish any sort of ideology.
Huh-- just came across a bit of one my own hypocrisies-- I'm all for the prosecution of virtual child pornography, despite the possibility of no child being involved.
Hmm.
Posted by MrSquicky (Member # 1802) on :
quote:That is NOT to say that the state should do nothing, but there are actions and choices between taking all children at birth whose parents have a certain belief system and doing nothing.
Except, as I said, many, many times now, the parents we are talking about are active members in an isolated community the condones child rape and in which child rape has occurred. This isn't a matter of nothing being done.
As has been noted, neglect is accepted, in some cases, as a valid reason to take children away from parents. In my opinion, this is as it should be. Parents have a positive responsibility to take reasonable steps to keep their kids from certain types of dangers.
I'd look pretty carefully at parents who knowingly expose their children to the very clear risk of them getting raped. I think this is much more the case when the parents, who are complicit in and in fact supportive of other child rapes, are actively pushing their children to get raped and teaching their children that it this sort of child rape is fine.
Posted by katharina (Member # 827) on :
So don't let them be isolated. There are lots of legal methods available. When there are no illegal actions, then taking the children (especially, especially into that crappy foster care system) is much too much.
Looking carefully at the parents like that is essential. Continual monitoring possibly justified. Frequent checks to make sure everything okay could be just perfect. But taking away the parental rights of those who do not act illegally and who meet the standard of care is unAmerican.
Posted by MrSquicky (Member # 1802) on :
quote:When there are no illegal actions
Child rape. (I may start abbreviating it to CR, I'm typing it so much.)
Posted by katharina (Member # 827) on :
There are laws against that. If that occurs, then the law should applied to its fullest extent and the perpetrators responsible should go to jail.
There are all sorts of laws that apply, including neglect, and the state should be rigorous in applying them.
There is no law against believing in polygamy and against expecting teenage girls to become sexually active after hitting puberty. There are laws against statutory rape and those should be enforced.
Posted by MrSquicky (Member # 1802) on :
It already occured. The parents were complicit in it and approved of it.
Posted by katharina (Member # 827) on :
Then let the evidence be brought forth through the due process of law.
Posted by MrSquicky (Member # 1802) on :
quote:Frequent checks to make sure everything okay could be just perfect.
You think that would be perfect? That's revolting.
Posted by katharina (Member # 827) on :
Oh, please.
Posted by Scott R (Member # 567) on :
quote:Originally posted by MrSquicky:
quote:Frequent checks to make sure everything okay could be just perfect.
You think that would be perfect? That's revolting.
I think a little intellectual leeway is warranted, Squicky.
Probably, kat doesn't believe that the situation is "perfect."
Posted by katharina (Member # 827) on :
I know you're searching as hard as you can to come up with a reason to insult me. If that lame and dishonest deliberate misinterpretation is all you can come up with, maybe you should reconsider.
Posted by Scott R (Member # 567) on :
And if this descends into another Kat vs. Squick cage match, I swear, I'm going to LEAVE HATRACK AND NEVER COME BACK!
And it'll be all your fault. You'll miss me.
Posted by Mucus (Member # 9735) on :
Scott R: I disagree and I think you're conflating two things. It is a strawman when you misrepresent your opponent's position in order to have an easier time countering it. It is not a strawman when you try to understand a person's motivations in order to understand why they might put forth a particular argument or use a certain style of rhetoric.
Obviously, you cannot use this kind of analysis to defeat an argument, but you can use it to understand why a discussion flows in a certain way.
In the end, we all do this to some extent or another. We know how a 'Lisa' thread flows in comparison to how a 'Blayne' thread flows, we know why discussions about Israelis and Palestinians are often unproductive, and why ID/Evolution threads go they way they do. Better to be aware of it and fine-tune/correct our perceptions as necessary, rather that approach every discussion with every person as a clean slate.
Posted by katharina (Member # 827) on :
Good point.
I have no interest in conversing with you, Squick.
Posted by Scott R (Member # 567) on :
quote:you should reconsider.
"Look. I know too little too late. I know that there are things you say and do that you can never take back. But what would you be if you didn't even try? You have to try. So, after a lot of thought, I'd like to reconsider.
Please. If it's not too late...make it a CHEESEBURGER!"
Thank you, Lyle Lovett
Posted by MrSquicky (Member # 1802) on :
Would you agree that regarding that situation as perfect would be revolting?
It's the constant bias that's really bothering me here. I don't get why you two seem to want so badly to cover over what these people have done, to distort the facts and relevant laws, and to keep describing the situation in statements so ridiculously slanted.
Constant monitoring so that the parents and other adults of the community don't have the opportunity to push these kids into being raped (besides being extremely impractical) is incredibly far from a perfect solution. There are enormous problems with it. It's abusrd and revolting to suggest that their aren't and it is unfair and disrespectful to those who disagree with it.
Posted by Scott R (Member # 567) on :
quote:Better to be aware of it and fine-tune/correct our perceptions as necessary, rather that approach every discussion with every person as a clean slate.
Why is this better? I don't grant your reasoning at all, man.
Posted by Ish (Member # 11579) on :
It's funny, and all though I haven't read this entire debate.. A few points of interest if I may:
Circa Michel Foucault: politics, philosophy, culture: interviews and other writings 1988:
It was only around 1810 that people even started thinking about sex as a legislatable action (meaning something that should be regulated) and it was not earlier than the late 19th or more probably, the early 20th Century that the idea to create laws around sexual activity really gained any momentum.
(Note: there have been a few laws dealing with consent in England as early as 1275, though the reasoning behind these laws had more to do with men selling their "brides" to brothels for profit instead of marrying them and then getting a "better" bride rather than the girls actual welfare.)
In fact, there is no clear cut federal law prohibiting sexual actions with "minors" (here said to mean anyone not of the voting age). There are several laws dealing with the transportation or using of interstate and foriegn movement of peoples and or things in connection with sexual act that can be charged as illegal. Meaning, if it's proven in your own state you did a naughty thing, you could also be charged federally if the person was under the age of 18 and you had them or money or other objects brought to you for the purpose of sex.
(Side note: there is also a provision to deal wih similarly aged minors and there promiscuous activities, 12 years of age is the breaking point and no partner can be younger than that but as long as there is less than a 4 year gap, the federal charges can be dropped.)
Thats a round about way of saying it falls on the states. And our country is all over the place, from 13 years of age with parental permision (which these men obviously had) to 17 in texas for ANYTHING.
So, looking at it from a legal perspective, no, they don't have the right to even touch the girls, thats obvious.
BUT
And I say this as a fun factoid, not as opinion swaying information, lets see... up until 1988, there were no real clear cut laws (or even a hint of them) in Texas until Texas Penal Code Section 21.11 was ratified in 1973. So a little more than 35 years ago was our first real look at kids under 17 and thinking maybe we oughta protect them? Wow... and look what thirty years has given us.
Not to mention we are one of the FEW countries with such a STRICT distinction on underage sexual acts. In most countries, as long as you are married and over the age of 12 (apparently this number is used in most countries due to the falling age at which menstruation is begun, this is an average and the "safe" number) you are green lighted.
Some countries nearby have even more fuzzy lines:
Mexico: 12 - 18 depending on state, though the federal gov may chose to take action if state does not.
Canada: Country wide age is 16 with close age expemptions where 12 is the minimum age and the partner can be no more that 2 years older than the youngest partner. However, if the couple is married, NONE of these rules apply, unless the couple files for divorce under "sexual abuse" claims that can be proven.
Japan: Age 13, though many prefectures turn a blind eye to "almost there" activities performed by 12 year olds who are "promised" to a young man or family friend. While the laws in certain areas of japan vary, the federal law is very lax comparitively.
England: Age of Consent has been 16 since the 1800's
And it hovers around 14 - 16 in most countries arcross the world.
Interesting how we think in different countries and how quickly we change our minds about things... In 1908, it would have been at least somewhat understandable to be 12 or a little older and be at least promised to a man, if not already being groomed for your wedding day.
Posted by Scott R (Member # 567) on :
quote:It's the constant bias that's really bothering me here. I don't get why you two seem to want so badly to cover over what these people have done, to distort the facts and relevant laws, and to keep describing the situation in statements so ridiculously slanted.
Please show me where I've done this. I see where I've been mistaken; I know I've had to correct several of my opinions as I've gained understanding of the facts, and I've tried to be open about that.
I do think I'm slanted; but anyone with an opinion is necessarily slanted. I don't think I'm ridiculously slanted, however.
quote:Would you agree that regarding that situation as perfect would be revolting?
Yes.
I don't think kat was saying that the situation as a whole could be considered perfect. I think she was saying, imprecisely, that having a social worker check up on the family and monitor them and make sure that the children were not being actually abused would work better than removing them from their homes and putting them in foster care.
Posted by MrSquicky (Member # 1802) on :
Scott, Two examples are how I have to keep mentioning that kids have actually been raped and the law thing. I had to drag that out of you and then you dismissed a pretty significant piece of how this all could play out - that also disagreed with your earlier assesment of how things should be - as unimportant. You don't seem to grant that there are legitimate concerns on the other side at all.
Posted by Scott R (Member # 567) on :
I don't believe your version of events is correct.
Will you please demonstrate using things we've actually said?
Posted by MrSquicky (Member # 1802) on :
quote:I think she was saying, imprecisely, that having a social worker check up on the family and monitor them and make sure that the children were not being actually abused would work better than removing them from their homes and putting them in foster care.
That's a legitimate point of discussion. Presenting an obvious flawed solution as perfect is not.
This is what kat has been doing throughout this thread. For example, the "No one is helped by correcting one evil with another thing." There's been this attempt to cast the situation as obvious absolutes as opposed to a trade off between valid competing interests and she's said some things that, taken literally, are pretty terrible in the course of this.
Posted by MrSquicky (Member # 1802) on :
quote:I don't believe your version of events is correct.
I never expected you to.
quote:Will you please demonstrate using things we've actually said?
That sounds like a hopeless waste of time.
Go back and count how many times I had to inject that children were raped.
Posted by Scott R (Member # 567) on :
quote:There's been this attempt to cast the situation as obvious absolutes as opposed to a trade off between valid competing interests and she's said some things that, taken literally, are pretty terrible in the course of this.
Do you think it was valid to take them literally?
I do not.
Posted by MrSquicky (Member # 1802) on :
Do you think that it was valid to present them as she did?
I do not.
Posted by Ish (Member # 11579) on :
Boy, if you take everything literally, you are gonna be in a world of hurt when you start reading traffic signs and learn about the Penal code...
ALL OF IT is up for interpretation and discussion, there is no such thing as literal in justice, because then the system would be PERFECT!
lol, well to be honest, some of the things said were harsh, but looking back I can clearly see the objective tone or wording and the explanitory nature of statements, where other times it seems like people were attacking them as serious arguments to be brought to the table.
Posted by katharina (Member # 827) on :
If there is no refutation to the argument, then you nitpick the delivery.
Get over it. You know I'm right.
Posted by Scott R (Member # 567) on :
quote:Originally posted by MrSquicky:
quote:I don't believe your version of events is correct.
I never expected you to.
quote:Will you please demonstrate using things we've actually said?
That sounds like a hopeless waste of time.
:shrug:
Your impression of what I've said is mistaken. If you're frustrated with this conversation, I don't want you to feel like you have to continue it.
quote:Go back and count how many times I had to inject that children were raped.
I'm not sure why you feel you "had to" inject those things. As far back as page 9, I noted:
quote:If the state's data is correct, than I think it's obvious that there was abuse going on, and that this was an unsafe environment for those children. If their data is correct, I'm gratified that they moved in and cleared out this harmful situation.
This was a bit before you entered the conversation. It was also a bit before we found out CPS had made so many gaffes.
Last page, I said:
quote:It's obvious that CPS had some reason for removing some children. They maintain that at least 5 girls were/are being sexually abused.
Whether or not their findings pan out will be seen in the future. I assume that the evidence they have on the 5 girls is valid; I wonder why they have apparently not made any arrests, however.
I believe it is essential to the health of our current society that the state have some powers to remove children from parental custody.
In short, I recognize the danger that the FLDS doctrine (as it's been relayed to us) appears to present to children. I recognize that the CPS had good reason to remove at least 5 children from that environment.
I think that my arguments here have made that clear; I'm sorry that you've not understood. I wish I had made it more clear how abhorrent I find the situation at the YFZ ranch, as it's been reported.
I do not think that the doctrine alone, nor the mere teaching of that doctrine merits the response CPS engaged in. I agree with the appellate court's decision, insofar as I understand it.
Posted by MrSquicky (Member # 1802) on :
kat, When you said that no one benefits from an evil done to prevent an evil, I addressed that as the poorly reasoned statement it was.
Here, your presentation and approach is actually largely the issue. There are legitimate competing interests here. There are parental rights and then there is the state's interest in the health and welfare of children. You have consistently presented things as if only the parental rights were important, blatantly ignoring, even in the face of me explicitly bringing it up, the children being raped.
Your perfect solution is not practical and, even if it worked without a hitch, it still exposes the children to harm.
One might legitimately argue that this harm must be allowed to prevent other violations of parental rights. Declaring that it is a perfect solution and pretending that there are not valid concerns from the other side is not.
Posted by Mucus (Member # 9735) on :
quote:Originally posted by Scott R:
quote:Better to be aware of it and fine-tune/correct our perceptions as necessary, rather that approach every discussion with every person as a clean slate.
Why is this better? I don't grant your reasoning at all, man. [
Thats a much longer conversation, and one that partially related to the politics thread actually. But here's an obvious example.
You exclaimed:
quote:Originally posted by Scott R: And if this descends into another Kat vs. Squick cage match...
Why NOT treat this as a clean slate? Why assume that Kat and Squick aren't having a normal disagreement over the issues and that there is some relationship between their previous "cage matches" and current events, erm, man?
Posted by Amanecer (Member # 4068) on :
I am not religious and I agree with ScottR and katharina. The foster care system is bad. Children being "married" before the age of consent is bad. But these are hardly the only two options. I think the goal should be for the kids to be returned to the community and for underage marriages to stop happening. I don't feel like the current actions by CPS are the best means of promoting this goal.
I think that CPS should be actively involved in this community. It should be made clear to the community that underage marriages will not be permitted and whenever evidence of one arises, the man will be arrested and if necessary, the children relevant to that situation will be put in protective custody.
I'm not sure why this is a controversial position. Would people really rather destroy the community and send 450 kids to foster care when the means to push reform on them is very much available?
Posted by kmbboots (Member # 8576) on :
quote:Originally posted by Scott R: I wish I had made it more clear how abhorrent I find the situation at the YFZ ranch, as it's been reported.
I wish you had, too.
If it isn't "as it's been reported" how do you think those girls got pregnant? Not, how can we prove it happened, but how do you as a rational person think it happened?
Posted by Scott R (Member # 567) on :
quote:Originally posted by kmbboots:
quote:Originally posted by Scott R: I wish I had made it more clear how abhorrent I find the situation at the YFZ ranch, as it's been reported.
I wish you had, too.
If it isn't "as it's been reported" how do you think those girls got pregnant? Not, how can we prove it happened, but how do you as a rational person think it happened?
I'm having trouble understanding your question. I read it as, "If the girls in question are not pregnant because some older man raped them, how did they become pregnant?"
My answer would be, "I don't know. We should ask them nicely."
Posted by Scott R (Member # 567) on :
quote:Why NOT treat this as a clean slate? Why assume that Kat and Squick aren't having a normal disagreement over the issues and that there is some relationship between their previous "cage matches" and current events, erm, man?
Good catch. I don't always live up to my own standards, and I do tend to be condescending.
Nonetheless, despite my hypocrisy, it's still a good idea to try and treat each thread as separate from the others.
Posted by kmbboots (Member # 8576) on :
And this is where I think you don't understand or are dismissing the nature these kinds of communities. Do you really think that any but the the most extraordinary girl brought up in this kind of community would tell you?
And that may be where our views of the world differ enough that we see this situation in completely different ways.
Posted by MrSquicky (Member # 1802) on :
Scott, Looking at it, all the cases where someone tried to claim that people were trying to take the kids away just because of the parents' beliefs came from kat. I mistakenly thought you were in there as well. My impression of what you said was wrong and I'm sorry about that.
edit: Actually, I think I was keyed off of this:
quote:If the government can take away children for the ideology that their parents teach-- without actual action on that ideology-- then we have given the government far too much power.
from you. I can see this as meant as a hypothetical instead of an attempt to describe the actual situation, but I took it as the latter at the time.
Posted by katharina (Member # 827) on :
Squick's representation of what my posts and statements meant is baloney.
Posted by MrSquicky (Member # 1802) on :
quote:Originally posted by Amanecer: I am not religious and I agree with ScottR and katharina. The foster care system is bad. Children being "married" before the age of consent is bad. But these are hardly the only two options. I think the goal should be for the kids to be returned to the community and for underage marriages to stop happening. I don't feel like the current actions by CPS are the best means of promoting this goal.
I think that CPS should be actively involved in this community. It should be made clear to the community that underage marriages will not be permitted and whenever evidence of one arises, the man will be arrested and if necessary, the children relevant to that situation will be put in protective custody.
I'm not sure why this is a controversial position. Would people really rather destroy the community and send 450 kids to foster care when the means to push reform on them is very much available?
I have a few big objections to this. First, I don't think that CPS monitoring would be sufficient to prevent the problems here. Second, I don't think CPS will be able to get them to give up the idea of polygamous, underage marriage, so we're talking about a commitment of constant monitoring for as long as the group exists. Third, I believe that there are more problems in this community and how they treat their kids other than they have institutionalized raping them.
Posted by rivka (Member # 4859) on :
quote:Originally posted by Scott R: And it'll be all your fault. You'll miss me.
Not really.
My aim has gotten better.
Posted by Amanecer (Member # 4068) on :
quote:First, I don't think that CPS monitoring would be sufficient to prevent the problems here. Second, I don't think CPS will be able to get them to give up the idea of polygamous, underage marriage, so we're talking about a commitment of constant monitoring for as long as the group exists.
If it doesn't work despite exhausting every other option, then I could agree that it might be appropriate to remove all the children. I think it's worth try though.
Posted by TomDavidson (Member # 124) on :
Ish, when you say that there were no laws regulating sexual activity prior to the 1800s, what do you mean by that? Are you simply opposed to modern Age of Consent laws, or are you seriously suggesting that legislation against homosexual behavior, rape, etc. are all recent phenomena?
Posted by Scott R (Member # 567) on :
quote: I read it as, "If the girls in question are not pregnant because some older man raped them, how did they become pregnant?"
My answer would be, "I don't know. We should ask them nicely."
_____
And this is where I think you don't understand or are dismissing the nature these kinds of communities. Do you really think that any but the the most extraordinary girl brought up in this kind of community would tell you?
And that may be where our views of the world differ enough that we see this situation in completely different ways.
Given the scenario, why would the state even be involved? The nasty old men aren't responsible; if they aren't, maybe it was the horny, unmarried teen boys.
Does CPS assume that every teen pregnancy is a result of statutory rape?
I'm not understanding your objection, kmboots. And just because I may disagree with you doesn't mean I don't understand the situation.
Posted by kmbboots (Member # 8576) on :
quote:Originally posted by Scott R: Does CPS assume that every teen pregnancy is a result of statutory rape?
I'm not understanding your objection, kmboots. And just because I may disagree with you doesn't mean I don't understand the situation.
Questions like that are exactly why I think that you are dismissing the situation. For example, this community held Warren Jeffs as their leader - until he was jailed as an accomplice to rape. Don't you think that is a consideration in understanding the situation? You seem to want to ignore that and pretend that this is not a factor in understanding what has happened and what will continue to happen to these girls.
Posted by Scott R (Member # 567) on :
No one is dismissing the situation. We are giving emphasis to different sections of the discussion though, as our differing personalities warrant.
It is concerning to me that civil liberties have been dismissed, apparently without due process. The evidence for this statement is provided in the appellate court's decision.
The state has shown evidence that five children were or are being sexually abused. Without demeaning the horror of these girls' ordeal, I am currently more concerned about the ~450 other children and parents who've had their civil rights abused. CPS' actions potentially-- if ingrained into their policies and culture, or if those policies are adopted in other agencies-- have the potential to affect more people than the FLDS' depravities, I believe.
So the weight of my concern lies in the actions of the state. I am not discounting anything. I am giving more weight to what I believe is the greater problem.
I commend and share your anger about the situation. Please stop asserting I don't.
Posted by BlackBlade (Member # 8376) on :
quote:Originally posted by katharina: Squick's representation of what my posts and statements meant is baloney.
Bologna.
And in any case you should be grateful for that, bologna can be quite tasty in the right sandwich.
Posted by kmbboots (Member # 8576) on :
Scott, by "dismissing the situation" I don't mean that you are diminishing the gravity of what has happened to these girls. I mean that you seem to want to assume that these particular cases should be treated the same as cases that do not occur in these types of communities.
"We should ask them nicely", for example, seems to imply that you think that a closed commnity would be as willing to talk to authorities as people not in closed communities.
Suggesting that horny teenage boys are as likely to be responsible as middle aged men for the pregancies seems to indicate that the history of this particular group should not be considered.
The various suggestions from others that monitoring would be a sufficient protection seem to leave out of the equation that the whole community has a stake in seeing these girls "married" according to their rules.
Does that make more sense?
Posted by Ish (Member # 11579) on :
quote:Originally posted by TomDavidson: Ish, when you say that there were no laws regulating sexual activity prior to the 1800s, what do you mean by that? Are you simply opposed to modern Age of Consent laws, or are you seriously suggesting that legislation against homosexual behavior, rape, etc. are all recent phenomena?
I'm not suggesting, I'm telling you that these laws (the ones against minors engaging in sexual acts) have not been in place until very recently. Though you are right to assume (though I don't recall ever making mention of homosexuality) that laws against homosexuality have been in place since biblical times. Rape however is a fairly new concept. A womans body has been a possession as recently as the 1920's (even more recently is some areas and countries). The idea that a man should be charged for touching her inapropriately if she is not married was rarely brought up unless the woman was of high status in the community. For the most part silence was the best option, otherwise the woman might recieve backlash or be tainted as unclean or unworthy of a husband.
But I am ranting on the wrong subject, this isn't the rape of an adult we are talking about here, who can choose and decided, tis the rape of a child who has been brainwashed to think it's okay that this discussion... discusses.
I tried to give a very objective statement on the matter. Though who knows, I may not agree with the united states age of consent laws. Or I may be extremely for the regulation of sexual acts by the government. Thats not the point I was making.
The idea was simply that, over such a short amount of time, it seems the views of society on sexual acts has changed from one of a taboo conversation that is left to the persons and their partners (be it consensual or otherwise) personal bussiness and only discussed when sitautions present them to government forcefully and demand attention.
A widely recognizeable example of this would be the Jack the Ripper case. While young woman were raped and abuse and silently tormented in a sexual manner for ages in the 18th century london propper, it was only when the crimes of one became so grotesque and prominent that many officials and judiciaries even recognized the existence (openly mind you, though I'm sure many of them had first hand experience in private) of these prostitutes.
Today is a different matter entirely. Sexual matters are on the forefront of our mind and dictate many of the legislative movements we see today. We've become a society fixated by sex. Driven by it, one might say, and to this point it seems many have forgotten that it wasn't so long ago that many of these crimes we are strongly opposed to today were and in some places still are, rarely recognized or prosecuted.
It's just an interesting contrast I always like t point out when people try and "justify" modern law: It wasn't always this way, so are you positive that this law is correct?
Assuming that a law is just or that a provision in our governmental penal code to do a certain thing does it the best possible way is the death of change and democracy. So we must constantly ask ourselve whether or not the laws are right.
Unless this discussion is feoting the State of Texas's Laws on Age of Consent.
Then it's a whole different ball game.
Posted by roxy (Member # 3416) on :
I wonder how many of you actually know where they (the FLDS) people stand? This is their RELIGION. I really don't think they'll ever stop living polygamy. I do, however, believe that their children mean more to them than anything else. I have met a few fundamentalist mormons, though none as extreme as the FLDS, and they are genuine, good people. They believe strongly in their lifestyle, but their religion doesn't specifically tell them to marry off their 14-year-old daughters. I don't know of any other polygamist group that marries off young girls, but I'm not exactly knowledgable on that subject. I hope that the FLDS in Texas will at least make a compromise and agree to stop the underage marraiges. Maybe then we could come to a point where we could all co-exist. Remember, this is their religion. They have a right to practice it.
Posted by Scott R (Member # 567) on :
quote:"We should ask them nicely", for example, seems to imply that you think that a closed commnity would be as willing to talk to authorities as people not in closed communities.
In general, how do you go about prosecuting against a community? Where do you stop? Ghettos, for various reasons, are as much as a closed community as the YFZ ranch.
The appellate court has already ruled that the attitude you seem to be suggesting, and the actions that CPS actually took against the community, were not legal.
Do you disagree with the appellate court's decision? I keep asking this question, and neither you nor Mr. Squicky have answered directly.
quote: Suggesting that horny teenage boys are as likely to be responsible as middle aged men for the pregancies seems to indicate that the history of this particular group should not be considered.
Well if the old guys aren't responsible, and we're not assuming spontaneous generation... what kind of answer do you want me to give, kmboots?
Was your question--
quote:If it isn't "as it's been reported" how do you think those girls got pregnant? Not, how can we prove it happened, but how do you as a rational person think it happened?
rhetorical? I couldn't tell. That's why I reiterated it and asked for clarificaton.
quote: The various suggestions from others that monitoring would be a sufficient protection seem to leave out of the equation that the whole community has a stake in seeing these girls "married" according to their rules.
How far are you willing to push the prosecution of a community? One thing we should have learned in the past eight years of the bush administration is that once a power is given to the executive, it's very difficult to take it away.
Are you seriously suggesting blanket treatment because of ideological belief?
Posted by Scott R (Member # 567) on :
There was an interesting episode of CBS' 48 hours last night. The thrust of the video was to tie the beliefs of the people at YFZ ranch to Warren Jeffs.
The program was not able to show sexual abuse within the YFZ ranch. The bishop they interviewed flat-out denied that the marriage records (purportedly kept and completed by the ranch) the state was presenting as evidence of older men marrying younger women were valid.
Apparently, a couple days ago, Warren Jeffs claimed to NOT be the prophet his people think of him as; his lawyers claim depression.
The 48 hours program was a bit sloppy-- it made a lot of tangential accusations that did not touch the child sex abuse allegations. Things like Jeffs' sect being 'the American Taliban,' and repression of individuality. It felt, honestly, like a hack job-- anyone who can do X could certainly do Y.
Posted by kmbboots (Member # 8576) on :
Huh. I watched that part of that program* and got an entirely different impression.
*only part because I was getting both creeped out and really angry at the guy being interviewed and it was before bed and I didn't want nightmares.
Posted by Scott R (Member # 567) on :
What impression did you get, kmboots?
I'm by no means arguing that Jessop (the bishop in question) is a saint; I thought he was a belligerent and defensive.
But he definitely denied that the records about the five underage girls were valid.
Posted by MrSquicky (Member # 1802) on :
quote:Do you disagree with the appellate court's decision? I keep asking this question, and neither you nor Mr. Squicky have answered directly.
I didn't see my opinion of the appellate court's decision relevant to anything I said.
I really don't know if it was correct. I don't know the law nor many of the relevant facts involved. From what understanding I do have, it looks like the Texas CPS far overstepped their authority.
Posted by Achilles (Member # 7741) on :
quote:Originally posted by Scott R: There was an interesting episode of CBS' 48 hours last night. The thrust of the video was to tie the beliefs of the people at YFZ ranch to Warren Jeffs.
The program was not able to show sexual abuse within the YFZ ranch. The bishop they interviewed flat-out denied that the marriage records (purportedly kept and completed by the ranch) the state was presenting as evidence of older men marrying younger women were valid.
Apparently, a couple days ago, Warren Jeffs claimed to NOT be the prophet his people think of him as; his lawyers claim depression.
The 48 hours program was a bit sloppy-- it made a lot of tangential accusations that did not touch the child sex abuse allegations. Things like Jeffs' sect being 'the American Taliban,' and repression of individuality. It felt, honestly, like a hack job-- anyone who can do X could certainly do Y.
Network News isn't doesn't do much in the way of effective reporting anymore. It's getting harder and harder to find good objective investigative reporting in general today.
Posted by kmbboots (Member # 8576) on :
Scott, I got the impression that, in addition to being belligerant, he was clever and lying. I also thought that, when asked if he would want to have to give DNA samples and so forth, the reporter should have answered, "If I were part of a group that advocated sex with minors, yes."
Posted by Scott R (Member # 567) on :
quote:Scott, I got the impression that, in addition to being belligerant, he was clever and lying.
Boy, I didn't see clever; and I'm not going to judge on his deceptiveness.
quote:when asked if he would want to have to give DNA samples and so forth, the reporter should have answered, "If I were part of a group that advocated sex with minors, yes."
Okay. Would you allow warrantless searches of your property?
Posted by kmbboots (Member # 8576) on :
Again, I am running into the same problem that we had before. This is a different situation. These people advocate sex with young girls. Their leader is in jail for that. They live in one large compound where it is easier to hide things. I think that they should be under some degree of scrutiny.
For example, I think that because of the way the Catholic Church has handled the sexual abuse scandal, we need to be absolutely transparent than ordinary about priests and their dealings with children. Our history demands that even though it is not part of our doctrine.
FLDS not only has a history that demands such transparency, they also have a doctrine that demands it.
Posted by katharina (Member # 827) on :
It seems to me that you believe that the rights belonging to Americans should not belong to those accused of what they are accused of.
Is that correct?
Posted by kmbboots (Member # 8576) on :
kat, I have already determined that you are unlikely to understand me in this case. Your reading of my last post confirms that. There is no point in my discussing this with you.
Posted by Scott R (Member # 567) on :
quote:Originally posted by kmbboots: Again, I am running into the same problem that we had before. This is a different situation. These people advocate sex with young girls. Their leader is in jail for that. They live in one large compound where it is easier to hide things. I think that they should be under some degree of scrutiny.
For example, I think that because of the way the Catholic Church has handled the sexual abuse scandal, we need to be absolutely transparent than ordinary about priests and their dealings with children. Our history demands that even though it is not part of our doctrine.
FLDS not only has a history that demands such transparency, they also have a doctrine that demands it.
Yes, we disagree. Should the FLDS be transparent about their dealings? YES.
Should the government be allowed to force them to take DNA tests against their will, simply because the FLDS believe what they believe?
Not a chance. If there's cause; if there's a legal, ordinary, formalized need for it, sure. Otherwise, the citizen-- despite their beliefs-- maintains their right to privacy.
You keep saying it's not the same; you seem to imply that these people's beliefs make extraordinary measures justifiable. How do you propose to arrange it so the government doesn't abuse the power you're seemingly handing over to them?
I would LOVE it if there were a more lovable group of people to defend. That they AREN'T lovable; that the FLDS' beliefs (as they've been reported) are despicable doesn't warrant the removal of rights you seem to be arguing for.
Posted by scifibum (Member # 7625) on :
Wow.
A: "CPS overstepped bounds"
B: "you do realize child rape occurred, yes?"
A: "yes, but that doesn't negate everyone in the community's rights. Do you want to remove people's rights because of what they believe?"
B: "that not what I said"
A: "What are you saying?"
B: "Child rape. Extraordinary situation."
A: "That's terrible. What are you advocating?"
B: "Quit glossing over how awful it is!"
A: "I'm not"
B: "You think they should just get away with it?"
A: "No, I think people should generally have their constitutional rights intact regardless of what they believe. Don't you?"
B: "Gaah!"
A: "Gaah!"
Posted by katharina (Member # 827) on :
That's about right, scifi.
Posted by MrSquicky (Member # 1802) on :
quote:Should the government be allowed to force them to take DNA tests against their will, simply because the FLDS believe what they believe?
I'm pretty sure boots was not talking about the government forcing them to give up this DNA, but rather that they should, in that situation, volunteer it.
Posted by Scott R (Member # 567) on :
I'll let her clarify. However, my impression of the interview was that the FLDS bishop and the reporter were talking about forced DNA extraction without a legal warrant.
Posted by kmbboots (Member # 8576) on :
I think that, given the history and the doctrine, that, given any accusation of doing what they have done before and what they proclaim to be part of their religion, warrants should not be difficult to get.
I think that they should, in the interest of transparency, volunteer such evidence and documentation. Such as birth certificates which are considerably less intrusive than a DNA sample. ("Extraction", BTW, sound like this requires something rather more violent than it really entails.)
Just as I believe Catholic priests should. "Yes, we understand why this suspicion exists and we want to do whatever we can to clear ourselves."
And again, the burden of proof for the state is less when removing a child from possible danger than it is to lock someone up or convict them of a crime.
Posted by Scott R (Member # 567) on :
quote:again, the burden of proof for the state is less when removing a child from possible danger than it is to lock someone up or convict them of a crime.
...and the appellate court found that CPS didn't meet the burden of proof required.
quote:I think that, given the history and the doctrine, that, given any accusation of doing what they have done before and what they proclaim to be part of their religion, warrants should not be difficult to get.
As long as each warrant issued meets the same legal requirements of consideration, evaluation, and concern for the rights of the citizen that other warrants must meet, I agree.
There should be no bypassing the consideration, evaluation, or concern however, just because these people believe something despicable.
On that note-- the CBS bit last night covered a monogamous FLDS family, where the children were all pre-teen boys, who were taken from their parents. Another child (a boy) was born a few days after the raid-- that child was removed as well.
This is one of those cases where the abuse of power seems so obvious-- the boys were not in any immediate danger; there was no court order (per the laws of Texas) enabling CPS to remove the boys; there was no (as far as I know) evidence of them being abused.
So when you seem to say that "warrants should not be difficult to get" in order to support a system that abuses power in this way...yeah. Gotta disagree with you. I think that upholding a system that treats its citizens like this is extremely dangerous to everyone's civil rights.
Posted by kmbboots (Member # 8576) on :
When they are suspected of doing something despicable they fact that they believe that same something despicable and have done that same despicable thing before should be taken into account.
Especially when it comes to children.
Posted by Scott R (Member # 567) on :
Definitely, it should be taken into account.
kmboots, the appellate court ruled that CPS overstepped its bounds in the seizure of children from the YFZ ranch. Do you agree with the court that in this case, the mere beliefs of the FLDS church were not enough to warrant CPS' actions?
Posted by kmbboots (Member # 8576) on :
Okay...it has seemed to me from this conversation that you want them to be treated just like everyone else. And the comparisons that you make seem to indicate that, too. Treating them like everyone else, in my mind, means that there would be no more cause to suspect them than there would be to suspect anyone else.
Posted by katharina (Member # 827) on :
Kate, do you believe that it is okay to treat people differently when you don't like their beliefs?
Posted by kmbboots (Member # 8576) on :
kat, do I need to tell you again that I do not want to discuss this with you?
Posted by MrSquicky (Member # 1802) on :
quote:Kate, do you believe that it is okay to treat people differently when you don't like their beliefs?
I'm going to treat a white supremecist differently than I would treat a non-white supremecist.
Wouldn't you?
Posted by camus (Member # 8052) on :
quote:Originally posted by katharina: do you believe that it is okay to treat people differently when you don't like their beliefs?
Personally, in some cases yes, and in some cases no. It all depends on a bunch of factors that probably can't get accurately coded into a law. While I do think it's important to be very cautious and concerned over what kind of precedent is being set, I don't think the precedent should be the primary concern.
Posted by Scott R (Member # 567) on :
quote:Originally posted by kmbboots: Okay...it has seemed to me from this conversation that you want them to be treated just like everyone else. And the comparisons that you make seem to indicate that, too. Treating them like everyone else, in my mind, means that there would be no more cause to suspect them than there would be to suspect anyone else.
I want those who enforce the law to enforce it equitably.
That doesn't mean turning a blind eye to factors like paid membership in NAMBLA, or participation in the FLDS church.
I think that's part of "consideration."
Posted by katharina (Member # 827) on :
The same laws should apply to everyone, regardless of their beliefs. Even when their beliefs are despicable, the laws should be enforced and interpreted equitably, with the circumstances as part of the consideration.
I'm really surprised that any American thinks differently. Did no one read To Kill a Mockingbird?
Posted by kmbboots (Member # 8576) on :
Scott, so asking for a DNA sample from an FLDS member would not be the same thing as asking me for a DNA sample. Asking for birth certificates for the "wives" would not be the same as asking for that documentation from the reporter. Which makes
quote:"If I were part of a group that advocated sex with minors, yes."
a legitimate answer for that reporter to give to Jessop's question.
Posted by camus (Member # 8052) on :
quote:The same laws should apply to everyone, regardless of their beliefs. Even when their beliefs are despicable, the laws should be enforced and interpreted equitably.
Except when those beliefs carry over and infringe on the rights of others. And I believe this is one of those situations.
Posted by MrSquicky (Member # 1802) on :
quote:I'm really surprised that any American thinks differently.
If you are referencing anyone who participated in this thread as opposed to outside Americans like, say, many members of the Christian Coalition, I think you have done a poor job of reading this thread.
Posted by MrSquicky (Member # 1802) on :
quote:Except when those beliefs carry over and infringe on the rights of others. And I believe this is one of those situations.
I don't think beliefs can really do that. It takes actions. That these people hold these beliefs and members of this interconnected community have acted on them by raping children makes it much more likely that these beliefs have been and will be transformed into action, though.
Posted by kmbboots (Member # 8576) on :
Scott, let me try one more way to clarify.
If someone had accused the FLDS of arson or bank robbery, I don't think that their belief in sex with minors should be taken into account. Since the despicable belief that we are talking about is relevant to what they are accused of doing, I think it should be.
Posted by katharina (Member # 827) on :
quote:Except when those beliefs carry over and infringe on the rights of others. And I believe this is one of those situations.
Even then - of course there are laws against criminally infringing on the rights of others.
There's a laws against everything that is despicable in the actions of the FLDS members. I support acting within the law to prosecute those who perpetuate the atrocities, and I support that the laws concerning custody and seizure of children also be followed.
There is definitely a lower bar and a lower standard for taking children away than for convicting someone, but there is still a standard. Taking the need for the CPS to act within the law to justify its actions is giving CPS enormous power - power over people, over families. Power that is unchecked. Every American should be worried about a scenario where their family could be torn apart by an anonymous phone call and they would have no recourse in that.
I support America being ruled by laws rather than by a mob, however righteous the anger of the mob.
Posted by camus (Member # 8052) on :
Squick, Yeah, that's kinda my point. If a system of belief promotes illegal and harmful actions, and if members have taken that action while other members have given consent as well as continue to propagate those beliefs, then I am going to treat those people differently, even if they haven’t committed the illegal action themselves.
Posted by katharina (Member # 827) on :
There is a difference between being treated differently by private citizens and being discriminated against by the state.
Posted by JLM (Member # 7800) on :
quote:Originally posted by MrSquicky:
quote:Kate, do you believe that it is okay to treat people differently when you don't like their beliefs?
I'm going to treat a white supremecist differently than I would treat a non-white supremecist.
Wouldn't you?
I treat any supremecist with disdain, regardless of their skin color. The government, however, should treat any supremicists with the same due process of law as an inferiorist.
Posted by MrSquicky (Member # 1802) on :
kat, No one that I've read in this thread disagrees with you.
Posted by camus (Member # 8052) on :
I don't think it's a matter of discrimination, rather, it's an attempt to weigh the rights of the parents against the rights of the children. Are the children being harmed mentally or emotionally? If so, then yes, I absolutely think the state should step in to protect the rights of the children.
What constitutes emotional harm? The fact that I can't draw a specific line in the sand separating what is harmful versus harmless doesn't mean that emotional harm doesn't exist. This is one of those examples where I can see that it exists even though I can't create a specific set of criteria to determine what constitutes harm for every possible situation.
Posted by MrSquicky (Member # 1802) on :
quote:There is a difference between being treated differently by private citizens and being discriminated against by the state.
Right, but you asked if it was okay to treat people differently, not if she thought if the government could treat people differently.
For that matter, the enforcers of the law often do treat members of practicing white supremecist group differently. I don't think this is primarily because of their beliefs so much as it is they belong to a group that advocates and has members who carry out illegal actions, much like the FLDS advocates and has members who carry out illegal actions.
---
edit:
quote:I treat any supremecist with disdain, regardless of their skin color. The government, however, should treat any supremicists with the same due process of law as an inferiorist.
In the workings of the legal system, I agree with you. As to whether they are regarded with more suspicion and as more liekly to be a potential threat, I do not.
Posted by Scott R (Member # 567) on :
quote:Originally posted by kmbboots: Scott, let me try one more way to clarify.
If someone had accused the FLDS of arson or bank robbery, I don't think that their belief in sex with minors should be taken into account. Since the despicable belief that we are talking about is relevant to what they are accused of doing, I think it should be.
Yes. That said, "taking into account" does not mean "inordinately giving weight to their beliefs without consideration of other factors."
Posted by kmbboots (Member # 8576) on :
So perhaps our disagreement is mostly about what defines "inordinately" in this situation and what the other factors are and how much weight should be given them.
Posted by scholarette (Member # 11540) on :
I think that the state might have had justification in taking the boys as well as the girls. In an individual family, if you treat one child well and abuse the other, CPS will often take all your children. If a man is sexually abusing his daughter, there is a good chance CPS would take his sons away too. Also, there have been some claims of physical abuse and abandonment for the boys (the whole Lost Boys issue). Listening to interviews with Lost Boys, I am as concerned for the boys as the girls.
I think that the group's beliefs should factor into the response, though it shouldn't define it. If I posted an essay on why it is good to beat children, and my children showed up to school with bruises, I expect a different response then if I had not posted that essay.
In this particular case, I still am not sure I have enough evidence to judge.
Posted by ElJay (Member # 6358) on :
The Texas Supreme Court just upheld the ruling that the kids should be returned. No link yet, it's just in the breaking news banner on the CNN website.
Posted by katharina (Member # 827) on :
That was fast.
Let's see what happens next.
Posted by ElJay (Member # 6358) on :
Story, updated 3 minutes ago. I expect it will keep changing for the next hour or so.
Posted by ElJay (Member # 6358) on :
I wonder if CPS will be able to keep the 30 or so children who have children in protective custody.
Posted by DDDaysh (Member # 9499) on :
I'm SO glad... this whole thing was heartbreaking!
Posted by Scott R (Member # 567) on :
quote:Originally posted by ElJay: I wonder if CPS will be able to keep the 30 or so children who have children in protective custody.
I'm not sure what you mean, ElJay.
Posted by ElJay (Member # 6358) on :
I mean the girls who are underage who are also mothers. I think the last number I read was that there were around 30. I would think that there would be a much stronger case that those children are in danger of immediate harm with their parents than there is for the 400 boys and younger girls. My question is if the methods used to conduct the raid initially will mean that all the children will be returned, even if there is evidence that some of them shouldn't be.
Posted by katharina (Member # 827) on :
I noticed that the three dissenting-in-part judges said that the teenage girls were in immediate danger, but they upheld the lower ruling because it was wrong to take all of the children including the boys and the babies.
I hope CPS gets someone in charge of the cases that has wisdom in addition to zeal.
Posted by Scott R (Member # 567) on :
quote:I mean the girls who are underage who are also mothers. I think the last number I read was that there were around 30.
quote:Texas officials claimed at one point that there were 31 teenage girls at the ranch who were pregnant or had been pregnant, but later conceded that about half of those mothers, if not more, were adults. One was 27.
Of the 15, then, that were allegedly pregnant, CPS only alleged (in the arguments at the appellate court) that 5 of them were subject to sexual abuse.
Posted by katharina (Member # 827) on :
quote:Thirty-eight mothers petitioned the court of appeals for review by mandamus, seeking return of their 126 children. The record reflects that at least 117 of the children are under 13 and that two boys are 13 and 17. The ages of the other seven, at least two of whom are boys, are not shown. Concluding that the Department had failed to meet its burden of proof under section 262.201(b)(1), the court of appeals directed the district to vacate its temporary orders granting the Department custody. In re Steed, ___ S.W.3d ___ (Tex. App.–Austin 2008, orig. proceeding) (mem. op.).
The Department petitioned this Court for review by mandamus. Having carefully examined the testimony at the adversary hearing and the other evidence before us, we are not inclined to disturb the court of appeals’ decision. On the record before us, removal of the children was not warranted. The Department argues without explanation that the court of appeals’ decision leaves the Department unable to protect the children’s safety, but the Family Code gives the district court broad authority to protect children short of separating them from their parents and placing them in foster care. The court may make and modify temporary orders “for the safety and welfare of the child,”[4] including an order “restraining a party from removing the child beyond a geographical area identified by the court.”[5] The court may also order the removal of an alleged perpetrator from the child’s home[6] and may issue orders to assist the Department in its investigation.[7] The Code prohibits interference with an investigation,[8] and a person who relocates a residence or conceals a child with the intent to interfere with an investigation commits an offense.[9]
While the district court must vacate the current temporary custody orders as directed by the court of appeals, it need not do so without granting other appropriate relief to protect the children, as the mothers involved in this proceeding concede in response to the Department’s motion for emergency relief. The court of appeals’ decision does not conclude the SAPCR proceedings.
Although the SAPCRs involve important, fundamental issues concerning parental rights and the State’s interest in protecting children, it is premature for us to address those issues. The Department’s petition for mandamus is denied.
Posted by MrSquicky (Member # 1802) on :
quote:I'm SO glad... this whole thing was heartbreaking!
See, and that's the thing that bugs me here. Yes, the state far overstepped its bounds in taking the kids, but you're glad that these kids are being returned to an environment where some of them are likely to be raped and they are going to be taught that this sort of rape is fine and righteous. This isn't something that I think is a call for celebration.
Posted by katharina (Member # 827) on :
You can be sad about the situation without rejoicing that babies, toddlers, and little kids were thrust into the crappy, crappy foster care system.
It isn't necessary to demonize anyone, and saying that the children should rejoice at being ripped from their mothers is not treating them like human beings.
I am glad about it. The lawyers were right when they said emotional harm was being done every day that the children were separated from their families and cast adrift into state custody. That's an emotional disaster for everyone involved.
Posted by MrSquicky (Member # 1802) on :
You're glad that some girls are going to get raped?
I don't think you are, but I think that you are completely ignoring this unpleasant reality of the situation.
Posted by katharina (Member # 827) on :
I'm not. I agree with the three dissenting judges - teenage girls ARE very likely to be in immediate danger and I hope action is taken immediately that is lawful to protect them.
I am, however, thrilled that the babies and young children are returned to their mothers. There has been no evidence that they were abused, and the emotional harm from the continued separation is very real.
Posted by Scott R (Member # 567) on :
I don't know. There's nothing in this specific situation that I'm finding...even mildly gratifying.
It's just a horror, all the way around.
Here's what I hope for:
1) Texas' CPS has been slapped down. They undergo a massive overhaul, examining processes, procedures-- and someone wise and zealous (as Kat pointed out) is appointed to head the department.
2) The FLDS reform. The doctrine of child rape/spiritual marriage (which, if I understand things correctly was largely instituted by Warren Jeffs) is officially repudiated.
3) I get a pony. A Mustang, preferably.
Posted by MrSquicky (Member # 1802) on :
When people respond to all the kids being returned with "I'm SO glad." it appears to at least some people that they are at best indifferent to the rapes that are made likely to occur because of this court decision (which I agree with).
While I see the foster care as being a terrible solution, right now we've got a case where the community can go back to raping kids. I think this needs to acknowledged and hopefully dealt with.
Also, what's our solution for the non-sexually mature kids in the future? "We'll let you raise them until they start to get sexually appealing to the 50 year old men in your community, and all the time let you teach them that they should be grateful to get raped by them."?
I don't know what is even a good solution here. Definitely, I want the authorities to act according to the law. I want these kids to have the best chance to live a healthy, happy life. I also don't want 13 year old girls getting raped.
It bothers me that people aren't addressing all sides of this issue, especially when their characterizations of the CPS actions ("They're doing this because they don't like the FLDS beliefs.") ignore important aspects like the whole raping of children thing.
Posted by katharina (Member # 827) on :
Perhaps you are doing such a good job at expressing horror and repulsion and desire for the destruction of these family groups that others feel that's been covered.
Posted by MrSquicky (Member # 1802) on :
I don't see how that's relevant to you feeling jubiliation at the creation of a situation where 13 years olds are going to get raped. Are you saying my horror makes it okay for you to be thrilled by this?
Posted by katharina (Member # 827) on :
Either you have poor reading comprehension or else are incapable of attributing any but the worst possible motives to those who don't shout your party line.
Posted by Scott R (Member # 567) on :
quote:It bothers me that people aren't addressing all sides of this issue, especially when their characterizations of the CPS actions ("They're doing this because they don't like the FLDS beliefs.") ignore important aspects like the whole raping of children thing.
There's been very little evidence of child rape on the scale that the FLDS at the YFZ ranch have been accused of. That is-- CPS accused the FLDS at the YFZ ranch of engaging in pervasive child abuse.
The Texas Supreme Court ruled that CPS "failed to meet the burden of proof" as required by the law.
So-- it's not just that people are ignoring the fact that the FLDS church reportedly marries off 14 year olds. It's that, thus far, there's been a scarcity of evidence of child rape at the YFZ Ranch.
Comparing the evidence of child rape with the reaction of CPS, it seems logical to me that people would focus on the more egregious of the two-- CPS' actions. For which there is plenty of evidence pointing to their mistakes.
Posted by Scott R (Member # 567) on :
Really quickly-- let me just clarify that by 'egregious' I don't mean to imply that CPS' actions are WORSE than child rape.
I mean that CPS' actions are, in this case, more easily identifiable as being harmful, than the alleged "pervasive" abuse they accused the FLDS of, simply because the EVIDENCE is more demonstrable and easier to see.
Posted by MrSquicky (Member # 1802) on :
quote:There's been very little evidence of child rape on the scale that the FLDS at the YFZ ranch have been accused of.
I don't get your scale argument, especially based on the burden of proof required by law.
Does the number of community endorsed child rapes that they can prove in court really make that much of a difference to you? It doesn't to me.
---
I've got no problem with people focusing on the bad actions of the CPS. As I've said, my problem is with statements characterizing their actions without reference to other relevant aspects and with people unqualifiedly celebrating the creation of a situation where more child raping will likely occur.
edit: I thought about this a bit and I think another thing that I strongly disagree with is the idea that maybe I'm merely reading into what people are saying, which is that the FLDS parents did nothing wrong and there is no real reason to want to remove the kids from them.
[ May 30, 2008, 11:18 AM: Message edited by: MrSquicky ]
Posted by Scott R (Member # 567) on :
quote:Does the number of community endorsed child rapes that they can prove in court really make that much of a difference to you? It doesn't to me.
I'm not sure what you're asking. It matters to me that there have been children raped; it matters to me that CPS took some these kids away without meeting the burden of proof. There is evidence that CPS acted outside of the law; there are allegations that the FLDS acted outside of the law.
There is more evidence that CPS acted outside of the law, and that their actions have had greater negative consequences than the evidence of what the FLDS have done.
quote: I strongly disagree with [..] the idea that maybe I'm merely reading into what people are saying, which is that the FLDS parents did nothing wrong and there is no real reason to want to remove the kids from them.
The Texas Supreme court has found that CPS did not provide enough evidence to warrant removing some 400 kids from their parents.
I suppose that this does NOT indicate that the FLDS parents "did nothing wrong." It does indicate that the state was certainly wrong, however, in removing them.
Posted by MrSquicky (Member # 1802) on :
I don't think anyone has disputed that the state was wrong. I know I haven't.
Posted by Samprimary (Member # 8561) on :
quote:Here's what I hope for:
1) Texas' CPS has been slapped down. They undergo a massive overhaul, examining processes, procedures-- and someone wise and zealous (as Kat pointed out) is appointed to head the department.
2) The FLDS reform. The doctrine of child rape/spiritual marriage (which, if I understand things correctly was largely instituted by Warren Jeffs) is officially repudiated.
oh, I wish.
Posted by DDDaysh (Member # 9499) on :
Mr Squicky - the state has yet to present ME with any information that actually says anyone was getting raped. Also, there is the question of what is best for the kids, the so-called "rape" or foster care...
I do not agree with underage girls being forced into sex by older men. However, if a teenage girl is brought up to think that marriage to an older man is appropriate, then likely it is NOT traumatic for her - it may not be usual, and in the long run she may end up not liking it, but it isn't traumatic. Being ripped away from her family and having her marriage exposed to the public as something filthy and dirty is definitely going to be traumatic.
Also, most of those kids were in no danger at all. Many of them probably lived far happier and better lives that the majority of Texas children - certainly than most San Antonio children. The rate of physical abuse and neglect in San Antonio is sky high, the rate of children living in Poverty absolutely sickening. To waste so much money taking kids away from loving homes because of a phone call that could have been seen for a hoax with any amount of initial investigation is so appalling that the end of it can only be seen as good from my point of view.
If CPS wanted to investigate - then investigate. Maybe a watchful eye would encourage the FLDS to stop marrying off girls younger than 17 or 18. However, legally, once a woman is 18 it is her own choice who she has sex with.
I think it's silly for us to frown on a man who is actually taking care of his children by several different women, since the state currently spends millions TRYING to get OTHER men who have children by multiple women to act like fathers. If we can make sure those women are legally of age, then we should bow out and let them be.
Posted by fugu13 (Member # 2859) on :
DDDaysh: genetic evidence that several of the children taken from the ranch are already parents, and have been since well under the age of consent isn't evidence of rape to you?
Of course, the state has no obligation to present you with evidence on anything.
Posted by Scott R (Member # 567) on :
quote:The order signed by Texas District Judge Barbara Walther, responding to a state Supreme Court ruling last week, allowed parents in the Fundamentalist Church of Jesus Christ of Latter Day Saints to pick up their children from foster care facilities around the state almost immediately.
In exchange for regaining custody, the parents are not allowed to leave Texas without court permission and must participate in parenting classes. They were also ordered not to interfere with any child abuse investigation and to allow the children to undergo psychiatric or medical exams if required.
However, it does not put restrictions on the children's fathers, or require parents to renounce polygamy or live away from the sect's Yearning For Zion Ranch in West Texas.
Posted by dkw (Member # 3264) on :
Parenting classes? Unless there's something going on we haven't heard anything about, the issues that standard DHS parenting classes are designed to cover are not the issues these families need help with.
Maybe it's a way to keep contact with the families for monitoring or something. Or maybe someone is writing a special curriculum on "why it's a bad idea to marry off your daughters before they're 18"?
Posted by Dan_raven (Member # 3383) on :
DDD, I know where you are coming from, but you are wrong.
quote:However, if a teenage girl is brought up to think that marriage to an older man is appropriate, then likely it is NOT traumatic for her
What is "Traumatic" here is not the physical abuse these 13 and 14 year old girls must go through. You are right, our grandmothers were probably married about the same age, and some to older men.
no, the Trauma her is to the self-confidence of the girls. This is not just the claiming of some dainty flesh, this is simple brainwashing. These girls are being taught, like any hooker in the big city, or any bunny at the Playboy mansion, that their entire worth lies in their bodies.
It is not their souls, nor the hard work that matters. It is not how nice or how good they are. All that matters is that they get pregnant.
Yes, here it differs from the slutty women. Here the goal isn't to prove your worth by sleeping around, but by getting pregnant.
They are not even given the option of being a beautiful race horse. They are breed cows that can also do the laundry, and that is all they deserve to be, according to this ethos. So before the girls are old enough to discover their own value, their own worth. Before they can discover the free-will that God offers, they are sold on the idea that they must marry.
Whom do they marry? Someone of their own age? No. They marry a saintly father figure, a man 2 or 3 times their age (3x13 is still under 40). They become just another in a stable of women for these men to acquire.
And the rape, you say, is not traumatic because they've been led to believe its OK.
Would those who followed Jim Jones into the jungle say that murder was OK because Jim Jones, in his maniacal paranoia, taught them it would be OK?
You say that they were told all their teen years to expect marriage to an older man. What teen years? If you are married by 13 or 14 what teen years did you have to learn this in? You must mean in their pre-teen years, the same time I tell my children about Santa Claus and Easter Bunnies, they are being told, "Its OK for Mr. Smith to marry you, sleep with you, get you pregnant, turn you into a mommy just as soon as possible."
Posted by Scott R (Member # 567) on :
Dan:
I agree that if they are being told that, then it's terrible.
I don't think that the state should legislate against belief, however.
I don't know if what you say they're being taught is actually what they're being taught. Why do you think it is?
I don't know if they actually subscribe to the attitudes you say they do. Why do you feel they do?
Posted by JennaDean (Member # 8816) on :
A lot of us (women) have been taught, growing up, that the most important job we'll ever do is be a good mother. It's certainly what I believe. My work as a mother, the way I raise my own children, is more important than any job I might do outside the home.
It makes me uncomfortable to think that to others, this belief would be seen as "their entire worth lies in their bodies. It is not their souls, nor the hard work that matters. It is not how nice or how good they are. All that matters is that they get pregnant."
Comparing being a good human mother to being a breed cow?
I think the choice of whom to marry should be made by the women, when they ARE women. But teaching girls that being mothers is the most important thing they'll do is hardly "terrible" IMO.
Posted by ElJay (Member # 6358) on :
The FLDS church is "clarifying" its marriage policy, saying that memebers should neither request nor consent to underage marriages.
quote:"In the FLDS church, all marriages are consensual. The church insists on appropriate consent,"
Posted by ketchupqueen (Member # 6877) on :
What JennaDean said-- even though I wasn't taught that growing up. I came to that belief on my own.
Posted by Sachiko (Member # 6139) on :
Same here. I was taught that because a girl can be anything a man can be. she should, and that marriage and family was the unfortunate default option. Which of course it isn't--it's more challenging and consuming (motherhood).
Posted by imogen (Member # 5485) on :
Though there is a difference between what JennaDean and Kq are saying and a doctrine that promotes motherhood to the extent that it is considered appropriate for children to become mothers (because they are fulfilling their maternal duties).
ElJay - interesting. I guess the issue will now be splinter groups that refuse to abide by official FLDS policy. (FFLDS?)
Posted by rivka (Member # 4859) on :
Me four. I discovered (even before I no longer had a choice in the matter) that staying home full-time was not for me. But I have a great deal of respect for those who do, and strongly disagree with Dan's assessment.
Posted by ketchupqueen (Member # 6877) on :
imogen, I agree-- but I think that 16 is not too young for SOME young women to be mothers. I'm not saying MOST-- but if a young woman has finished her education at 16 (say, graduated high school and has no desire for college), is married (in a healthy marriage to a partner of her choice), and decides to start a family right away, I would have no problem with that. If it was HER CHOICE and she had her ducks in a row, so to speak. BUT that would be very few 16 year olds, to my mind.
Posted by ketchupqueen (Member # 6877) on :
(I in no way mean to imply that is or is not what is or has happened in the FLDS community. Just that some kids are still kids at 16-- I was-- but I know some who are ready to be adults. Very few, but some. And that I would not be opposed to that as long as the priorities were straight there.)
Posted by scholarette (Member # 11540) on :
quote:Originally posted by JennaDean: A lot of us (women) have been taught, growing up, that the most important job we'll ever do is be a good mother. It's certainly what I believe. My work as a mother, the way I raise my own children, is more important than any job I might do outside the home.
I agree with this statement BUT I would extend it to include that for a man, their work as a father is more important then any job they might do outside the home. I sometimes worry that the focus on women as mothers minimizes the importance of fathers and gives men an excuse to check out of the hard family raising stuff. (not that you are doing that).
Posted by MrSquicky (Member # 1802) on :
There's a problem with going too much to one side or another. I've got no problem with people choosing to be a stay at home parent - aside: I'm bothered by the assumption here that the woman is the one who is always staying at home with the kids.
I believe it is extremely important work. I have a big problem with people saying that it is the most important thing that people can do.
It's possible that you are using a definition of important that I'm not familiar with, but, from how I understand the word, this is not automatically accurate. I also think it's impossible to accurately judge in this way the worth of how someone else lives their life and it's pretty disrespectful to try.
Posted by Scott R (Member # 567) on :
I don't think Dan was denigrating motherhood, y'all.
Posted by MrSquicky (Member # 1802) on :
I think he was taking exception to the idea that this is the only or even main source of worth in a woman, or especially a 13 year old girl.
Posted by Primal Curve (Member # 3587) on :
quote:Originally posted by MrSquicky: I believe it is extremely important work. I have a big problem with people saying that it is the most important thing that people can do.
I'm going to have to agree with this statement. There are plenty of people out there doing lots of good who have either chosen to not have children, or who are unable to. Raising children should not be a standard for judging someone's worth.
Doing any good and doing it well should be.
Posted by scholarette (Member # 11540) on :
When I was thinking most important, I was thinking about the case where a baby already is in the picure. Once you have one, it should be the number one priority. I wasn't really thinking about a person who doesn't have a baby.
Posted by MrSquicky (Member # 1802) on :
Would you fault a soldier with children for remaining in the military, thus taking him away from his family and putting him at serious risk of death?
Posted by Scott R (Member # 567) on :
Being away from the family, and even risking death doesn't necessarily mean that you don't place your child's welfare before everything else.
There's more to a child's well-being than just time and parental presence. Those are HUGE parts, no mistake-- but let's all recognize the complexity of the issue.
Posted by MrSquicky (Member # 1802) on :
Scott, How do we measure a parent's concern for his children's welfare?
I get the feeling, largely from past threads here, that people are criticised for having jobs that take them away from their kids and put them at a great deal less risk than what is required from a soldier.
---
edit: I may be overly pesimistic towards people here. Something about people claiming that other ways of living one's life are necessarily inferior to the one they chose tends to lead me to group them in with other similar statements.
[ June 03, 2008, 02:20 PM: Message edited by: MrSquicky ]
Posted by Scott R (Member # 567) on :
quote:How do we measure a parent's concern for his children's welfare?
I don't know, honestly.
I would say that a soldier who is on tour for a year in Iraq, who does everything he can to fulfill his obligations honestly and honorably, is at least setting a good example for his sons by the way he is living.
I would say that a father who decides to leave his family for a year and go into hiding from the law because of his drug dealing is the opposite of a good father.
The ends are the same-- both men are gone for the same amount of time, both are in considerable danger; but the potential lessons they're teaching their children (and thus, I think, the concern they show for them) are very different.
Posted by MrSquicky (Member # 1802) on :
How about a scientist who puts in a lot of time at his lab, say researching an avian flu cure. He may not be available for all the things that a perfect dad would be there for, but he's doing something that he thinks is crucially important. Is he wrong because, at times, he places more important on another role than that of being a father?
How about if he were a she?
Posted by Scott R (Member # 567) on :
Or even a small business owner who has to put in long hours to keep his or her widget business afloat.
I don't put much stock in the idea of a real definition of a "perfect parent."
So-- I don't really know. How does their absence affect the family? Neither the soldier, nor the con can choose to spend time with their family without very real, very personal negative consequences that will probably cause them to to be able to spend LESS time with their families.
The scientist and the business owner can find other jobs, and all it may cost them is their happiness. (I'm not convinced of the single-braniac-scientist cure outside Hollywood) Can they (should they) sacrifice their professional happiness for more time with their families? What will that do to them?
:shrug:
Like I said, the issue is very complex. I try not to make judgments about anyone but myself.
Posted by MrSquicky (Member # 1802) on :
quote:Can they (should they) sacrifice their professional happiness for more time with their families?
That's part of the soldier example, though. If it is okay for a soldier to choose that career and to stay in it, which si going to keep him away from his family for logn stretches at a time, where could the fault with a dedicated X that, because of their dedication, spends much less time away from their kids be?
It can't just be the time. They certainly can choose another career, but so could the soldier.
For me, if the kids are healthy, relatively happy (or not terribly depressed when teenagers), and confident that their parents love them, you're in more or less the right place. I think, in most cases, this allows room for, at times, valuing other pursuits as much or even greater than focusing on your kids.
---
edit: I've gotten, implicitly and explicitly, from the kind of stay at home moms who will say that any other way but the way that they chose is inferior in importance and meaning, that believing that this room exists is a bad thing to do.
Posted by rivka (Member # 4859) on :
quote:Originally posted by MrSquicky: I think he was taking exception to the idea that this is the only or even main source of worth in a woman, or especially a 13 year old girl.
Most important thing is most certainly not synonymous with only thing. Or even only important thing.
I expect most scientists would agree that finding a cure for breast cancer is more important than finding a cure for the common cold? But even so, I think they would also agree that finding a cure for the common cold is important.
So saying that raising kids well is the most important thing someone can do -- even if you agree with that premise -- is not saying that someone who cannot or chooses not to do that is necessarily not doing anything important. Quite the contrary; someone whose time is not taken up with that important task will have time for other important tasks (many of which may more directly benefit society than the parenting does) that the parents may not have time to do properly.
I'm thinking that if I came up with a cure for the common cold tomorrow, there wouldn't be too many idiots (there'd be some, because that's just the nature of people) who said "Too bad you didn't put that time and money into cancer research!"
Posted by MrSquicky (Member # 1802) on :
quote:So saying that raising kids well is the most important thing someone can do -- even if you agree with that premise -- is not saying that someone who cannot or chooses not to do that is necessarily not doing anything important.
No, but it is saying that anyone who chooses to do something other than that is choosing an life inferior in importance.
edit: Plus, I'd really need an explanation of what they mean by important there. I can't think of one that would make that necessarily true.
[ June 03, 2008, 04:04 PM: Message edited by: MrSquicky ]
Posted by ElJay (Member # 6358) on :
quote:Originally posted by Scott R: I would say that a soldier who is on tour for a year in Iraq, who does everything he can to fulfill his obligations honestly and honorably, is at least setting a good example for his sons by the way he is living.
And daughters.
Posted by BlackBlade (Member # 8376) on :
quote:Originally posted by ElJay:
quote:Originally posted by Scott R: I would say that a soldier who is on tour for a year in Iraq, who does everything he can to fulfill his obligations honestly and honorably, is at least setting a good example for his sons by the way he is living.
And daughters.
Why don't you shut up about women, Stan, you're putting us off.
Posted by Scott R (Member # 567) on :
quote:Originally posted by ElJay:
quote:Originally posted by Scott R: I would say that a soldier who is on tour for a year in Iraq, who does everything he can to fulfill his obligations honestly and honorably, is at least setting a good example for his sons by the way he is living.
And daughters.
Of course.
Posted by aspectre (Member # 2222) on :