International Journal of Coercion, Abuse, and Manipulation Volume 3 2022 44
the courts” (p. 402). However, given the delicate nature
of parental and religious rights within the United States,
Guiora (2010) recommended that strong intelligence
must be collected to ensure that law enforcement and
the courts can effectively address the issue.
The line between State power to protect children from
physical harm and parental and religious rights is a fine
one. As Dworkin (1984) noted,
To some extent, the argument in favor
of a political right must depend on which
of these theories about desirable goals has
been accepted it must depend, that is, on what
general background justification for political
decisions the right in question proposes to
trump. (p. 153)
When looking at State authority and control,
therefore, one must consider the rationale for a
state’s insertion of control into the private lives of
the people living within its borders. As Dworkin
went on to explain in “Rights As Trumps” (1984),
We need rights, as a distinct element in
political theory, only when some decision that
injures some people nevertheless finds prima-
facie support in the claim that it will make the
community as a whole better off on
some plausible account of where the
community’s general welfare lies. (p. 166)
The State’s authoritative boundary in this regard
considers the overall welfare of the community.
However, religious freedom becomes most contentious
in those areas that are on the border between people’s
innate rights and the collective good. In some cases,
such as vaccination, in which public health is at stake,
the State can more easily justify society’s greater good
because illness could spread to vulnerable populations.
However, in cases that relate to preventing physical
abuse of children, the link to collective good is
weaker since the real emphasis is on protection, or
perhaps control, of individual children’s bodies. This
difficulty seems to have resulted in sporadic attempts at
enforcement rather than consistent policy.
Twelve Tribes
Authorities in both the United States and Europe have
attempted to enforce child abuse and child labor laws
that the Twelve Tribes are accused of violating. In these
cases, the group has claimed State overreach.
The first case to end with a defeat for child-welfare
officials was that of the Island Pond, Vermont Raid in
1984. The State became aware of accusations of severe
and prolonged beating of children in the community
through evidence in a child-custody case. Those claims
included beatings that left bruising and bleeding, with
some beatings having lasted for hours (Kent, 2010, p.
35–41). In the custody case, the judge gave custody to
the nonmember parent because of the evidence of abuse
within the group. However, after the State raided the
community and took away 112 children on a 72-hour
hold to look for signs of abuse, the same judge ruled
that the State had acted improperly without specific
accusations of abuse against each child (District Court
of Vermont, 1984). The judge did not rule whether
there was widespread abuse in the community rather,
he ruled that specific victims and locations (a specific
building) were not listed. Thus, the State did not
examine the children, and no further action was taken
against the Island Pond community.
Palmer argued in 2010 that, since the judge ruled in
their favor in the Island Pond Case, the Twelve Tribes’
relationship with the State was more positive because
the group saw that it could push back legally with a State
mechanism. However, the rhetoric the Twelve Tribes
used points to both spiritual and legal consequences.
For instance, the Twelve Tribes Child Training Manual
Part II states that
If the child is taken away from the Body or
parents a curse will come to the one or ones,
even the institution which takes the dedicated
to God child away. No dedicated child could be
taken away from the Body by his own consent
or the consent of the parents who dedicated
the child to God, for they would not consent
to it. (Twelve Tribes, 2014a, p. 18)
States have been inconsistent in their efforts to exert
authority over the Twelve Tribes, and many State efforts
have been sparked by media attention and controversy.
the courts” (p. 402). However, given the delicate nature
of parental and religious rights within the United States,
Guiora (2010) recommended that strong intelligence
must be collected to ensure that law enforcement and
the courts can effectively address the issue.
The line between State power to protect children from
physical harm and parental and religious rights is a fine
one. As Dworkin (1984) noted,
To some extent, the argument in favor
of a political right must depend on which
of these theories about desirable goals has
been accepted it must depend, that is, on what
general background justification for political
decisions the right in question proposes to
trump. (p. 153)
When looking at State authority and control,
therefore, one must consider the rationale for a
state’s insertion of control into the private lives of
the people living within its borders. As Dworkin
went on to explain in “Rights As Trumps” (1984),
We need rights, as a distinct element in
political theory, only when some decision that
injures some people nevertheless finds prima-
facie support in the claim that it will make the
community as a whole better off on
some plausible account of where the
community’s general welfare lies. (p. 166)
The State’s authoritative boundary in this regard
considers the overall welfare of the community.
However, religious freedom becomes most contentious
in those areas that are on the border between people’s
innate rights and the collective good. In some cases,
such as vaccination, in which public health is at stake,
the State can more easily justify society’s greater good
because illness could spread to vulnerable populations.
However, in cases that relate to preventing physical
abuse of children, the link to collective good is
weaker since the real emphasis is on protection, or
perhaps control, of individual children’s bodies. This
difficulty seems to have resulted in sporadic attempts at
enforcement rather than consistent policy.
Twelve Tribes
Authorities in both the United States and Europe have
attempted to enforce child abuse and child labor laws
that the Twelve Tribes are accused of violating. In these
cases, the group has claimed State overreach.
The first case to end with a defeat for child-welfare
officials was that of the Island Pond, Vermont Raid in
1984. The State became aware of accusations of severe
and prolonged beating of children in the community
through evidence in a child-custody case. Those claims
included beatings that left bruising and bleeding, with
some beatings having lasted for hours (Kent, 2010, p.
35–41). In the custody case, the judge gave custody to
the nonmember parent because of the evidence of abuse
within the group. However, after the State raided the
community and took away 112 children on a 72-hour
hold to look for signs of abuse, the same judge ruled
that the State had acted improperly without specific
accusations of abuse against each child (District Court
of Vermont, 1984). The judge did not rule whether
there was widespread abuse in the community rather,
he ruled that specific victims and locations (a specific
building) were not listed. Thus, the State did not
examine the children, and no further action was taken
against the Island Pond community.
Palmer argued in 2010 that, since the judge ruled in
their favor in the Island Pond Case, the Twelve Tribes’
relationship with the State was more positive because
the group saw that it could push back legally with a State
mechanism. However, the rhetoric the Twelve Tribes
used points to both spiritual and legal consequences.
For instance, the Twelve Tribes Child Training Manual
Part II states that
If the child is taken away from the Body or
parents a curse will come to the one or ones,
even the institution which takes the dedicated
to God child away. No dedicated child could be
taken away from the Body by his own consent
or the consent of the parents who dedicated
the child to God, for they would not consent
to it. (Twelve Tribes, 2014a, p. 18)
States have been inconsistent in their efforts to exert
authority over the Twelve Tribes, and many State efforts
have been sparked by media attention and controversy.






























































































