I have been loosely keeping an eye on the developing case over the children of the FLDS sect in Texas. In case you missed it, Child Protective Services in the State of Texas removed approximately 400 children from the YFZ Ranch in Texas, which is a private community for members of the FLDS church. The reason for the seizure is related to the FLDS's practice of polygamy and marriage of underage girls to older men. Tied to the seizure is the implicit claim that the children were in immediate danger of harm.
The Texas Supreme Court has ruled that the State has failed to demonstrate that the children are in immediate danger of harm (
Source) and that the children must be returned to their parents. The parents are being required to sign an agreement which requires them to stay in state and notify the state of any trips greater than 100 miles.
While I don't agree with the FLDS teachings, I can't help but agree with this ruling. From the get-go it has bothered me that a community's children were seized by the state. Yes, the FLDS sect's belief system encourages and teaches underage marriage. But to seize every child in a community based on a belief system smacks of a First Amendment violation. Also, looking at the requirements placed on the parents, they seem reasonable enough, based on the assumption that there is an ongoing investigation into possible abuse.
In all, I think I feel much more comfortable with the way this has worked out now. However, I am still bothered by the fact that the state was able to engage in such a seizure and that no one will face any repercussions for the decision. I'd just be happy with some sort of official censure of those involved in the seizure, just so that there is a permanent legal record that this was wrong.