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FLDS Church Sues To Challenge Reform of UEP Trust

By Howard M. Friedman

After years of ignoring Utah state court proceedings that have reformed the United Effort Plan Trust of the FLDS Church, the Church on Monday filed a federal lawsuit alleging that the attorneys general of Utah and Colorado, the special fiduciary appointed by the court and Utah state district court Judge Denise Lindberg have violated the Church's First Amendment free exercise rights. Yesterday's Deseret News and Salt Lake Tribune both reported on the case. The complaint alleges that by reforming the trust in a way that secularizes it, the court has infringed free exercise rights of FLDS members. It contends:

The UEP Trust was formed so FLDS Church members could live the United Order and the Law of Consecration by seeking religious stewardships within the meaning of Holy Scripture. FLDS Church members cannot practice the United Order or the Law of Consecration under the reformed trust.

The lawsuit also alleges that one of the reasons for reforming the trust was the argument that it supported polygamy. The complaint argues that this is invalid because Utah's bigamy statute is unconstitutional. This lawsuit is apparently part of a broader effort to challenge the court's control of the UEP trust-- a change in strategy undertaken after a raid last April on the FLDS Ranch in Eldorado, Texas. (See prior postings 1, 2).

Full post as published by Religion Clause on October 07, 2008 (boomark / email).