When I read about how the FLDS have been able to fly under the radar for decades, by living in isolated towns with their own police, medical care, mental hospitals, etc., it sounds to me like the world many Libertarians hope for -- America as a series of separate private-pay communities.
And the FLDS show the danger of this dream -- without federal and state oversight, these communities' leaders have been FREE to trample on the personal freedoms of their inhabitants -- to an almost unimaginable degree.
Here's one of the most thoughtful articles I've read recently about how the FLDS have been able to carry on their oppressive regime for decades. If you're interested in this topic, I highly recommend reading the whole thing.
http://www.alternet.org/blogs/peek/83517/One of the things we need to understand is just how the FLDS managed to stay so far under the radar for so long -- and what twisted consequences were allowed to follow from that lack of oversight. Bramham shows that they did a stunningly effective job of building their own self-sufficient infrastructure of community institutions -- hospitals, police forces, courts, financial trusts, schools, and employers -- that allowed the church to function without interacting with the outside world any more than necessary. Most of the group's institutions were designed to mimic and supplant outside authority well enough to keep the group (and especially its treatment of women and children) hidden from the prying eyes of outsiders. And, for 60 years, those who were responsible for providing higher-level oversight for all these institutions have almost always been somehow induced to look the other way.
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For-Prophet Health Care
FLDS communities put a priority on providing as much health care inside the community as possible, so they're not dependent on outside medical professionals. (To this end, pregnant mothers have often been sent to Hildale or Bountiful in their last months, so they can be attended by the FLDS midwives there.) Hildale/Colorado City has its own hospital -- built partly with public funds -- that has employed only doctors and nurses who have pledged their first loyalty to the Prophet.
As a result, the group's women and children get much of their primary care from people who feel no accountability to established medical standards of practice, state record-keeping requirements, or any of the existing mandated reporter laws. (Most people in these communities have no idea these laws even exist.) The spotty record-keeping that results is why the state of Texas has made the wise decision to do DNA testing on all the kids: it cannot be taken for granted that their birth certificates are accurate (or, in some places, exist at all).
The FLDs has also co-opted mental health services into another form of wife abuse. In Hildale/Colorado City, FLDS doctors have proven quite willing to declare unhappy women crazy. Daphne Bramham found that up to a third of FLDS women are on anti-depressants; and that women who are express acute dissatisfaction with the life have often been committed to mental hospitals in Arizona by the community's doctors. According to Bramham, the fear of being labeled insane and shut away in an institution is one of the most potent threats the community has used to keep women in their place.
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Cops and Courts: No Law But God's Law
Much of the power of the prophets has been drawn from the fact that they historically controlled both the cops and the courts that served the Hildale/Colorado City area. Though these were officially chartered law enforcement agencies and nominally public courts, they weren't concerned with civil law. Instead, their task was to enforce the law according to the FLDS and its Prophet. The people in these communities had no effective recourse to the laws the rest of us live under. They could be arrested, fined, jailed, and have their property seized by nominally "official" cops and courts, acting under full authority of civil government, for violating church laws.
Like African-Americans in the slavery era, women who tried to run were captured by these police and returned to their husbands for punishment -- or taken to the hospital for the dreaded mental health evaluation. The police force's main job is to be the muscle that enforces the Prophet's control of the entire community. When the Prophet decides that a man no longer deserves his home, these are the cops who enforce the eviction. Appealing to the FLDS judges has been useless: due process as we understand it doesn't even enter into the conversation.
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