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FLDS Asks Federal Court To Enjoin State Court Trust Reformation

By Howard M. Friedman

On Wednesday, the Fundamentalist Church of Jesus of Jesus Christ of Latter Day Saints renewed their federal court motion for a temporary restraining order or preliminary injunction to stay all proceeding in the Utah state court case that is implementing reform of the United Effort Plan Trust that holds FLDS property. The motion also seeks to enjoin the further transfer of any property from the trust, including the proposed sale of the Berry Knoll Farm that is a sacred temple site for FLDS members. (Full text of motion.) The federal court case was originally filed in 2008 to contest the state's actions in taking over administration of the property of the polygamous FLDS church in twin towns in Utah and Arizona. (See prior posting.)  This week's federal court motion comes after the Utah Supreme Court in August rejected a similar FLDS challenge on the ground of laches. (See prior posting.) In its 45-page memo (full text) accompanying this week's federal court motion, FLDS contends that the state court's reformation of the UEP trust violates the Establishment Clause, arguing:

No reading of the Religion Clauses justifies the State?s involvement in the FLDS Church and the UEP Trust. The State violates that clause when it takes over an institution of religion and then, by stripping the religion from the institution, claims to be able to minister to the needs of its members by applying rules of secular neutrality.

Yesterday's Salt Lake Tribune reports on the federal court proceedings. For those following the case, an extensive collection of primary source documents in the state court proceedings are available at a UEP website.

Full post as published by Religion Clause on October 08, 2010 (boomark / email).