... and justice for all

It has taken some time, terribly disrupted many lives, trampled upon the liberties & pursuit of happiness of an entire community. Best of all, it has exposed the incompetence of at least one judge and the entire legal infrastructure of a number of state agencies. We are of course talking about the recent ruling of a three judge at the State Court of Appeals.

The court recognized that while there was some cause for concern in the case of an anonymous caller that registered a complaint with the state Child Protective Services agency, the state had no right to collectively persecute the religious organization, nor were they right to separate 440 children from their families based upon what was wholly agreed upon little to no evidence.

While this entire scenario has yet to be completely played out, it does send a message to the state that they would be wise to pay attention to. The state is not all powerful and cannot interfere with the activities and rights of the family. It also does not have the right to separate family members, against their will, without significant evidence of harm to family members. And lastly, perhaps the most important part of the ruling is the fact that this court apparently recognizes that this entire incident may indeed be more about the religious followings of this group more than anything else.

There are many that disagree with the philosophy of the FLDS, including myself. I find many of their practices to be horrific, but I also recognize that this is my personal opinion and regardless of how strongly I feel, I am compelled to seek protection for this groups rights because those rights are guaranteed under our constitution as the right to practice one’s religious beliefs without fear of prosecution or retribution. I am disgusted at the idea that any 50 year old man would take a bride that may have been forced, against her will, to engage in marriage; but I am reminded that a mere 100 years ago this was still a common practice and 200 years ago it was the standard practice of the day. It was the practice that allowed young people to come together, battle the elements, move westward and settle this mighty country, being key contributors to the success of our grand idea we often call democracy. Our lives are now relaxed and while life itself is no less demanding, the risks we face are more of our own making than those tossed at us by mother nature and the rules of sheer existence. Perhaps this ease of life has taken away from our ability to distinguish what is truly essential and what is the folly of the mind, given too much non-productive time.

Isn’t this just common sense? The foundation of this country is based upon individual rights, freedoms, and guarantee’s, yet we constantly forget that we have these rights and we are seeing an entire generation that believes that the rights of the state are greater than our individual rights. Those that serve as a reminder are frequently given unflattering names and insulted for being capable of thinking.

Once again, I would encourage each and every reader to put on their hat of a Professional Citizen and make it your practice to point out the obligations and restrictions on those of authority. Remind them that theirs is the duty to serve, and their service is to the people; not the other way around. Each of us has an obligation to remember all that came before us, many of whom sacrificed their very lives for the freedom’s we enjoy. From the streets of Bagdad back to the shores by Plymouth Rock we have willingly fought for the very rights our constitution guarantee’s and if we choose to relinquish those rights to a handful of political thugs that would attempt to take them away, then all that has been gained and all that sacrificed, will have done so in vane.