ACLU Texas sends reply to email

Dear Friend of the ACLU of Texas,

The ACLU of Texas has been inundated in recent days with calls from people who want to know what we are doing to respond to the government’s April 3 raid on the Yearning for Zion Ranch of the Fundamentalist Church of Jesus Christ of Later Day Saints. This raid resulted in hundreds of children being taken into custody of the State of Texas .

As I am sure you're aware, the situation has raised a number of issues for concerned Texans, ranging from the immediate safety and security of the children to constitutional questions concerning religious freedom, the extent of the government's 4th Amendment power, and parents' fundamental right to be with their children. Figuring out what we can do has been difficult, both because the issues are complicated and the facts confusing.

Nonetheless, because we were concerned about what we've seen on the news and heard from folks we know on the ground, Legal Director Lisa Graybill went to San Angelo the other day to observe the hearings and to see what role, if any, there is for the ACLU to play.

Make no mistake: The ACLU deplores crimes against children and believes that one measure of a society is how well we protect those who cannot protect themselves. We stand opposed to child abuse and support the government’s mandate to intervene when abuse is suspected, to safeguard the health and welfare of children. At the same time, the Constitution protects the religious liberty of all Americans, and due process and 4th Amendment protections apply to everybody.

Our legal director Lisa Graybill said, “We recognize that this balancing act is difficult, but we are concerned that the government may not be complying with the Constitution or the laws of Texas in the execution of its mandate, from how the raids were conducted to whether the current process protects basic rights. The government must ensure that each mother and each child in its custody receives due process of law in determining the placement of the children and other matters regarding the children’s care.”

You may view our statement about the FLDS situation on our website here:

http://www.aclutx.org/article.php?aid=568

And please note the more recent actions we have taken as of this week:

· The ACLU is currently seeking cooperating counsel from a major TX or national firm to support our efforts to identify where in this process we could most effectively intervene and how;

· As part of that discussion the ACLU is currently considering whether we can and should submit an amicus as part of the next hearing (originally scheduled for today, but since postponed);

· The National ACLU Program on Freedom of Religion and Belief will be putting a staff attorney on this issue full-time for the immediate future.

Most importantly, we want you to know that we continuing to closely monitor this situation. We are in contact with several of the ACLU's in-house experts on the different issues raised by the FLDS, as well as staff from other affiliates with expertise in these matters, and we are in the process of evaluating what role, if any, it may be appropriate for the ACLU to play as the facts continue to unfold in court as well as in the media and the court of public opinion. Completing this analysis will take time, because the facts are evolving daily.

However, we recognize that this is an issue of extreme importance to the ACLU and to all supporters of civil rights and civil liberties, and we are committed to identifying and pursing the ways in which we as the ACLU can most effectively engage the issues and contribute to the dialogue.

Please don't hesitate to contact me at jcanup@aclutx.org should you have any questions or concerns regarding this issue. The ACLU defends the fundamental principles that define America as a free nation; we help assure that no one is beneath the law’s protection. We depend on financial support from individual members and donors like you to advance our work across our nation, including in Eldorado , Texas . Thank you.

Yours in liberty,

James Canup

Director of Development

P.S. The following news stories may be of interest as well:

CNN:
http://www.cnn.com/2008/CRIME/04/20/polygamy.sect/

Deseret News ( Salt Lake City ):
http://deseretnews.com/article/1,5143,695270768,00.html

Catholic Online:
http://www.catholic.org/national/national_story.php?id=27675

UPI (United Press International):
http://www.upi.com/NewsTrack/Top_News/2008/04/21/aclu_weighs_in_on_texas...