Black and White Cases

Sensationalized FLDS sound-bites have been illustrative of something I frequently hear: “I have a case you can’t lose.” The instant I hear these words, I become skeptical – legal disputes are rarely that simple.

Consider the FLDS. Now that was a black and white issue! We either applauded the heroic Texas raid for “protecting children” or we vilified Texas officials for “religious persecution” that harmed children far worse than the alleged abusers. Both sides focused on the children. Some argued that raising children in a polygamist home is abuse per se; others argued that en masse separation of toddlers from their families is abusive and violates the constitutional rights of the children. The ACLU questioned Texas’ methods of taking small children away from their parents and siblings with zero proof of abuse to justify individual separation. Texas countered that FLDS’ lack of cooperation forced this result upon the Texas government – this is the only and best answer. Texas CPS agencies had been under fire from before the raid for disallowing investigation into abuses perpetrated in foster homes where FLDS children were being placed. Texas claimed FLDS members continued to avoid dialogue. Others claimed that Texas avoided dialogue with more experienced Utah and Arizona officials. Attorneys General from Utah and Arizona reiterated at a town hall meeting that previous FLDS raids were a mistake. While intending to prosecute criminal activity, these raids resulted in a culture of government distrust that prevented reporting abuses – it magnified the problem. Is this still black and white?

While simpler, your case is probably not black and white either – every dispute has complications. Experience matters here too. For more information, call Drew.

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