Texas court rules against polygamist removals

SAN ANTONIO (Reuters) - Texas overstepped its authority when it removed some of about 460 children from a polygamist compound last month, a state appeals court ruled on Thursday.

The ruling is the latest twist in an unfolding saga that has riveted Texas with lurid tales of adolescent brides, teen pregnancies and a secretive religious sect following its faith in a dusty corner of the state.

Texas Child Protective Services and heavily armed police units last month raided the isolated compound in west Texas and removed the children in response to allegations of abuse.

But the appeals court said that the state had not proven that the children were in immediate physical danger, and therefore were improperly separated from their parents.

"The department ... failed to establish that the need for protection of the children was urgent and required immediate removal of the children," the court said.

While the opinion covers the children of only 48 mothers, a lawyer told reporters that the ruling will likely apply to all of the children, most of whom are in foster homes across the state.

"Essentially this decision from the Third Court of Appeals said that Child Protective Services had absolutely no evidence that would justify them going in there and removing these children from this household," said Cynthia Martinez, who represents 48 of the mothers whose children were removed.

The appeals court opinion gives a lower court, which initially approved the state's actions, 10 days to act.

"We just received this information from the Court of Appeals and it is being reviewed. We are trying to assess any impact this may have on our case and decide what our next steps will be," the Texas Department of Family and Protective Services said in a brief statement.

The compound is run by followers of jailed polygamist leader Warren Jeffs. They belong to a renegade Mormon sect known as the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS).

The mainstream Church of Jesus Christ of Latter-day Saints renounced polygamy over a century ago and is at pains to distance itself from splinter groups such as the FLDS that continue to practice plural marriage.

FLDS men typically marry one legal wife while those who follow are "spiritual wives." This makes those women single in the eyes of the state which can entitle them and their children to various welfare benefits.

FLDS communities usually keep to themselves and lead austere lifestyles. The girls and women wear 19th century-style pioneer dresses and are taught from an early age to obey men.

(Additional reporting by Ed Stoddard; Editing by Eric Walsh)