FINALLY - someone in the judicial system of Texas has some brains ...

Court: Texas had no right to take polygamists' children
http://www.cnn.com/2008/CRIME/05/22/flds.ruling/index.html

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SAN ANGELO, Texas (CNN) -- The state of Texas should not have removed children from a polygamist sect's ranch because it didn't prove they were in "imminent danger," an appeals court ruled Thursday.

In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had challenged the removals and appealed a decision last month by a district judge that the children remain in state custody.

"The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the three-judge panel said.
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This is a state court of appeals decision (and not a federal court), so we have yet to hear about the due process aspect ... yet.