360° Contributor, In Session Anchor
Editor's Note: Watch Jami Floyd tonight at 10pm on Anderson Cooper 360°
There is a reason two appellate courts in Texas — first a three-court panel of the state court of appeals and now the Texas Supreme Court — have ordered the return of children removed from a polygamist ranch to their mothers: It is the right thing to do.
Not as a matter of sympathy, or morality, or decency, but as a matter of constitutional law.
To be sure, the Texas Supreme Court today did not specifically find the absence of wrongdoing at the ranch — where authorities contend sexual abuse of young girls is routine. Indeed, the court acknowledged the state’s interest in protecting children from harm. But state agents cannot simply storm homes, polygamist or otherwise, to remove children without a showing of abuse. Suspicions are not enough.
It is perhaps difficult for anyone who cares about the children or their mothers (who many believe are brainwashed from birth) to understand.
But for those of us who choose to become lawyers, these are the easy cases. These are the very people our constitution is designed to protect — the least popular among us, lest they be subjected to the tyranny of the majority.
Read more of Jami Floyd's comment on the In Session blog
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