Prof. Volokh has some very astute observations on the FLDS raid. Volokh really is fair to a fault. The only thing I would add is that we don't just suspect that the FLDS violates the rights of girls. We know for a fact that it does, routinely, as a matter of lifestyle. The FLDS is bad news, and should be watched very, very closely. But that doesn't change the need for strong evidence when the state acts. Texas authorities may have acted without sufficient evidence (and they may not have subsequently found sufficient evidence) to intercede in this case. If anything this shows the danger of half-prepared efforts. It does not mean that the FLDS is the innocent victim of government aggression; it means that Texas officials need to be sure they have the legally required quantum of evidence to prosecute. Giving the devil his due process, is what that's called.
Incidentally, some time ago I wrote in defense of consensual adult polygamy, and argued that I believe not only that it ought to be legal, but that cases finding that it isn't protected by the Free Exercise Clause are wrong and should be overruled.
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