Sex abuse would trump FLDS freedoms, advocacy group says

A legal advocacy group has filed a brief in the FLDS case, warning the Texas 3rd Court of Appeals against making "hasty judgments" that could violate parental rights and trample religious freedoms.

The friend of the court brief was filed by the Liberty Legal Institute, which describes itself as an organization committed to the defense of religious freedoms and First Amendment rights in Texas.

But the brief argues that should Texas provide proof that sexual abuse of minors occurred at the YFZ Ranch, that legally trumps religious freedoms protections and parental rights.

Attorneys for Texas RioGrande Legal Aid filed an appeal last month asking the appeals court to reverse 51st District Judge Barbara Walther's decision to have all 464 children removed from the church's YFZ Ranch. The appeal was filed by 38 women from the Fundamentalist LDS Church who are seeking to have more than 400 children returned to their mothers.

The children were placed into state custody after Texas authorities discovered what they called a dangerous pattern of abuse at the ranch, including a culture of underage girls marrying much older men.

The Liberty Legal Institute did not file in support of either Texas RioGrande Legal Aid or the Texas Department of Family and Protective Services. While concerned about parental rights, the institute argued that if Texas has proof of sexual abuse at the ranch, that proof would take legal precedence over parental rights.

"This is not about choosing a side, it's about protecting the foundational freedoms of parents and churches in the midst of a very pressured situation for the courts," said Hiram Sasser, director of litigation at the institute.

The brief reminds the appellate court that any state action that infringes on parental rights is subject to strict scrutiny. However, "if there is evidence ... the state has shown that the health, safety or welfare of the children is imminently threatened or in danger, such a finding is enough to meet the state's burden under strict scrutiny," the brief states.

In fact, if sexual exploitation is proven, the institute argues that no additional analysis of parental rights would be necessary and would actually "damage the rights of all parents in Texas by lowering the standard of protection" given to parental rights.

"The key for this court is to follow the proper procedure and protect the rights of all parents in the process. Otherwise, every Texan loses their freedoms and the standard of protection is lowered for everyone," said Kelly Shackelford, chief counsel for Liberty Legal Institute. The group makes a similar argument about constitutional religious protections.

It argued that conduct that falls outside the beliefs and doctrines of a church is not entitled to constitutional protection. If Texas can prove sexual exploitation occurred at the ranch, that would nullify any potential freedom of religion arguments, the brief states.

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