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Part of Utah's Plural Marriage Law Stricken for Being Unconstitutional

Posted by on Dec. 14, 2013 at 9:48 PM
  • 113 Replies

 

Federal judge strikes down key parts of Utah's polygamy law in 'Sister Wives' ruling

Kyle Christy / TLC

Kody Brown (Center) with sister wives (L to R) Christine, Meri, Janelle and Robyn.

By Daniella Silva, NBC News

A federal judge has found key parts of Utah's anti-polygamy law to be unconstitutional, ruling in favor of a polygamous family known for their reality television show.

While all 50 states across the nation have laws against bigamy, prohibiting people from having multiple marriage licenses, the law went further in Utah, finding a person guilty of bigamy when a married person "purports to marry another or cohabits with another person."

But Judge Clark Waddoups of the U.S. District Court in Utah ruled late Friday that the "cohabitation" provision of the law was unconstitutional because it violated the First and Fourteenth Amendments to the Constitution, which guarantee freedom of religion and the right to due process. His 91-page ruling now criminalizes plural marriages only in the literal sense, through acquisition of multiple marriage licenses.


The decision follows years of litigation in a case brought forth by Kody Brown, a star of the TLC reality television show "The Sister Wives," which chronicles the lives of Brown, his four wives and their 17 children. The Browns are members of the Apostolic United Brethren Church, a fundamentalist church that shares historical roots with Mormonism and believes that polygamy is a core religious practice.
The Brown family does not have multiple marriage licenses, with only one recorded marriage license between Kody Brown and his wife, Meri.

"With this decision, families like the Browns can now be both plural and legal in the state of Utah," their lawyer, Jonathan Turley, said in a post on his website.

Turley said the Browns drew attention of Utah authorities because of their television series. The Brown's filed suit in July 2011, and fled Utah for Nevada under threat of prosecution. Bigamy is punishable by up to five years in prison in Utah.

Kody Brown issued a statement through Turley thanking the court for the "historical ruling.

"While we know that many people do not approve of plural families, it is our family and based on our beliefs," he said in the statement. "Just as we respect the personal and religious choices of other families, we hope that in time all of our neighbors and fellow citizens will come to respect our own choices as part of this wonderful country of different faiths and beliefs."

Judge Waddoups acknowledged in his decision that the ruling was not easy.

"The proper outcome of this issue has weighed heavily on the court for many months as it has examined, analyzed, and re-analyzed the numerous legal, practical, moral and ethical considerations and implications of today's ruling," he wrote.

Ultimately he ruled that the language of the law was unconstitutional because of its vagueness and "its targeted effect on specifically religious cohabitation," therefore violating the First Amendment right to free expression of religion.

Waddoups said that while "polygamy" was not a fundamental right, the issue in the case of the Brown's was "religious cohabitation" or "a personal relationship that resembles a marriage in its intimacy but claims no legal sanction" between consenting adults. As such, the language of the law violated the due process clause of the Fourteenth Amendment designed to ensure liberty.

Members of the Church of Jesus Christ of the Latter-day Saints, or Mormons, fled to the Utah area in the 1800s following religious persecution. While the mainstream church abandoned polygamy in 1890 as Utah sought statehood, certain sects have broken off and continue to espouse plural marriage as a tenet of their religion.

The Associated Press and Reuters contributed to this report.

by on Dec. 14, 2013 at 9:48 PM
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Replies (1-10):
AtiFreeFalls
by Silver Member on Dec. 14, 2013 at 9:49 PM
10 moms liked this

 I'm glad this happened.  I am not plural, nor do I wish to be, but I can't see any reason it should be illegal.

Its.me.Sam.
by Gold Member on Dec. 14, 2013 at 9:53 PM
3 moms liked this

there is no reason why CONSENTING ADULTS should not be able to engage in this kind of marriage and be afforded all the rights and benefits that legal marriage provides.  

lga1965
by on Dec. 14, 2013 at 9:56 PM
1 mom liked this
Oh for God's sake. The marriage vows and OTHER religions say "forsaking all others, " etc. and marriage IS for two people. TWO.
Only two.
Who paid the judge to change this ?
If you gotta have more than one, just don't get married. Fool around. And don't have kids because you're too immature and immoral to raise kids well.
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AtiFreeFalls
by Silver Member on Dec. 14, 2013 at 9:59 PM
3 moms liked this

 Marriage is for two people... says you?  Why?  Because you say so?

No one paid the judge.  More than one marriage license is still illegal.  Most plural families have religious ceremonies binding them together and forego the marriage license for subsequent spouses.

There is absolutely no evidence that plural marriages screw up kids.  None. 

Quoting lga1965: Oh for God's sake. The marriage vows and OTHER religions say "forsaking all others, " etc. and marriage IS for two people. TWO.
Only two.
Who paid the judge to change this ?
If you gotta have more than one, just don't get married. Fool around. And don't have kids because you're too immature and immoral to raise kids well.

 

lga1965
by on Dec. 14, 2013 at 10:00 PM
I strongly disagree.
Are you a Mormon ?


Quoting AtiFreeFalls:

 Marriage is for two people... says you?  Why?  Because you say so?

No one paid the judge.  More than one marriage license is still illegal.  Most plural families have religious ceremonies binding them together and forego the marriage license for subsequent spouses.

There is absolutely no evidence that plural marriages screw up kids.  None. 


Quoting lga1965: Oh for God's sake. The marriage vows and OTHER religions say "forsaking all others, " etc. and marriage IS for two people. TWO.
Only two.
Who paid the judge to change this ?
If you gotta have more than one, just don't get married. Fool around. And don't have kids because you're too immature and immoral to raise kids well.

 

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kcangel63
by Bronze Member on Dec. 14, 2013 at 10:03 PM
3 moms liked this
Funny because most Biblical prophets lived plural marriage.

I say it's a huge step in the right direction for freedom. Get government out of my bedroom.


Quoting lga1965: Oh for God's sake. The marriage vows and OTHER religions say "forsaking all others, " etc. and marriage IS for two people. TWO.

Only two.

Who paid the judge to change this ?

If you gotta have more than one, just don't get married. Fool around. And don't have kids because you're too immature and immoral to raise kids well.
AtiFreeFalls
by Silver Member on Dec. 14, 2013 at 10:03 PM
2 moms liked this

 You strongly disagree on what grounds?

I am not Mormon.  Nor am I polyamorous.  I am in a monogamous marriage with one man and intend to remain so.  But I don't see any reason other than "I don't like it" for this to be illegal. 

Quoting lga1965: I strongly disagree.
Are you a Mormon ?


Quoting AtiFreeFalls:

 Marriage is for two people... says you?  Why?  Because you say so?

No one paid the judge.  More than one marriage license is still illegal.  Most plural families have religious ceremonies binding them together and forego the marriage license for subsequent spouses.

There is absolutely no evidence that plural marriages screw up kids.  None. 


Quoting lga1965: Oh for God's sake. The marriage vows and OTHER religions say "forsaking all others, " etc. and marriage IS for two people. TWO.
Only two.
Who paid the judge to change this ?
If you gotta have more than one, just don't get married. Fool around. And don't have kids because you're too immature and immoral to raise kids well.

 

 

Looking4Truth
by on Dec. 14, 2013 at 10:05 PM
2 moms liked this

 Iga, once again I agree with you 100%!

Quoting lga1965: Oh for God's sake. The marriage vows and OTHER religions say "forsaking all others, " etc. and marriage IS for two people. TWO.
Only two.
Who paid the judge to change this ?
If you gotta have more than one, just don't get married. Fool around. And don't have kids because you're too immature and immoral to raise kids well.

 

lga1965
by on Dec. 14, 2013 at 10:08 PM
Okay then you just don't understand marriage .... The kind of religious ceremony or commitment that involves only two people and is the basis for a strong family unit. People divorce because of infidelity. But you think it's okay ?
That's so effed up it's ridiculous.
I have no.other words.


Quoting AtiFreeFalls:

 You strongly disagree on what grounds?

I am not Mormon.  Nor am I polyamorous.  I am in a monogamous marriage with one man and intend to remain so.  But I don't see any reason other than "I don't like it" for this to be illegal. 


Quoting lga1965: I strongly disagree.
Are you a Mormon ?



Quoting AtiFreeFalls:

 Marriage is for two people... says you?  Why?  Because you say so?

No one paid the judge.  More than one marriage license is still illegal.  Most plural families have religious ceremonies binding them together and forego the marriage license for subsequent spouses.

There is absolutely no evidence that plural marriages screw up kids.  None. 



Quoting lga1965: Oh for God's sake. The marriage vows and OTHER religions say "forsaking all others, " etc. and marriage IS for two people. TWO.
Only two.
Who paid the judge to change this ?
If you gotta have more than one, just don't get married. Fool around. And don't have kids because you're too immature and immoral to raise kids well.


 


 

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luckystars2012
by Silver Member on Dec. 14, 2013 at 10:13 PM
Awesome!!!!
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