Polygamous parents in Texas won a major ruling today from the Texas appellate court in the opinion below. As we have discussed on this blog, the trial court appears to have ruled down the line with the Texas government — requiring little in terms of individual suspicion against these parents. Now, the trial court will have to do a little more to ensure that justice is tailored to the cases before her and not simply declare all parents presumptively unfit until proven otherwise.
The Third Court of Appeals in Austin found that the state’s grounds for removing hundreds of children was “legally and factually insufficient.” The ruling directly applies to 38 of the roughly 200 parents involved in the litigation — though it extends beyond this subset.
State District Judge Barbara Walther has 10 days to vacate her order and start the process of individualized determinations.
For the full story, click here