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Religion & Law

: Religion Clause

FLDS Asks Federal Court To Stop State Sale Of UEP Land

By Howard M. Friedman

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Yesterday's Deseret News reports that members of the FLDS Church have filed in federal court seeking a temporary restraining order to stop a fiduciary appointed by a Utah state judge from selling land belonging to the FLDS United Effort Plan Trust. At issue is the proposed sale of a large tract of farm land known as Berry Knoll for $3 million. (See prior posting.) FLDS lawyers say that the free exercise rights of FLDS members were infringed when the state court took control of the trust holding FLDS lands and reformed it to eliminate its religious purpose. A supporting affidavit filed by FLDS member Willie Jessop said that the court had taken over a sacred trust and had appointed a "state ordained bishop" to administer it. Jessop argues that the court-appointed special fiduciary is requiring the church to depart from its own doctrines and follow only neutral principles dictated by the state.

In 2006 the Utah court took step to reform the trust in a way that avoided inquiry into whether anyone living on UEP land was involved in a polygamous relationship. (See prior posting.) Jessop says: "Of course the trust was operated under religious principles, and of course the trust 'discriminated' on the basis of determinations made in accordance with Holy Scripture and divine revelation."

Full post as published by Religion Clause on November 06, 2008 (boomark / email).