Federal judge declares Utah polygamy law unconstitutional

[pwaldo]

http://www.sltrib.com/sltrib/news/56...uling.html.csp

A U.S. District Court judge has sided with the polgyamous Brown family, ruling that key parts of Utah’s polygamy laws are unconstitutional.

Judge Clark Waddoups’ 91-page ruling, issued Friday, sets a new legal precedent in Utah, effectively decriminalizing polygamy. It is the latest development in a lawsuit filed by the family of Kody Brown, who became famous while starring in cable TV channel TLC’s reality series "Sister Wives." The show entered a fourth season at the end of the summer.

Waddoups’ ruling attacks the parts of Utah’s law making cohabitation illegal. In the introduction, Waddoups says the phrase "or cohabits with another person" is a violation of both the First and 14th amendments. Waddoups later writes that while there is no "fundamental right" to practice polygamy, the issue really comes down to "religious cohabitation." In the 1800s — when the mainstream LDS Churh still practiced polygamy — "religious cohabitation" in Utah could have actually resulted in "multiple purportedly legal marriages." Today, however, simply living together doesn’t amount to being "married," Waddoups writes.

"The court finds the cohabitation prong of the Statute unconstitutional on numerous grounds and strikes it," Waddoups later writes.

Utah’s bigamy statute technically survived the ruling. However, Waddoups took a narrow interpretation of the words "marry" and "purports to marry," meaning that bigamy remains illegal only in the literal sense — when someone fraudulently acquires multiple marriage licences.

The Browns could not immediately be reached Friday night, but issued a statement through their lawyer calling the decision humbling and historic.

"While we know that many people do not approve of plural families, it is our family and based on our beliefs," Brown wrote. "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."

Jonathan Turley, the attorney representing the Brown family, called the opinion "magnificent" Friday in a phone conversation. In a blog post, he added that it strikes down "the criminalization of polygamy" and will allow "plural families to step out for the first time in their communities and live their lives openly among their neighbors."

[tpeichel]

I guess the gay marriage proponents were incorrect to disparage the slippery slope arguement.

[shrewsbury]

as long as everyone is of age and willing, polygamy should not be illegal

[pwaldo]

as long as everyone is of age and willing, polygamy should not be illegal

Agreed

[tpeichel]

Once you determine that the cornerstone of the society is no longer one man and one woman raising a family and allow same sex marriages, then how can you stop any other individual from marrying multiple people? Logically you can't. So if you have an individual that loves their dog, why should they be stopped from marrying their dog? And if a 70 year-old man and 13 year-old girl fall in love, who is society to tell them they can't get married?

We are watching western society slowly crumble.

[centrehice]

The only way polygamy works is that women can have several husbands as well. They will obviously all be cuckolds, but whatever blows your hair back is fine with me.

The unfortunate thing about FLDS Polygamy, is, the females are still girls, they are not of legal age.

[gsj68]

The only way polygamy works is that women can have several husbands as well. They will obviously all be cuckolds, but whatever blows your hair back is fine with me.

The unfortunate thing about FLDS Polygamy, as the females are still girls, they are not of legal age.

and ill go as far as saying that these girls have been brainwashed to do whatever they are told by the church leaders,in the name of god or joseph smith or whatever this cult uses for power

[pwaldo]

I don't really get how people on here can fight 24/7 for two guys to get married and make it a big part of their life and political views but then if those 2 guys want to marry a 3rd guy it suddenly becomes sick and should be illegal. Are you people really for loving willing legal aged people getting married or do you just do what's popular on Facebook or what the TV tells you to believe in instead?

[duane1969]

The only way polygamy works is that women can have several husbands as well. They will obviously all be cuckolds, but whatever blows your hair back is fine with me.

The unfortunate thing about FLDS Polygamy, as the females are still girls, they are not of legal age.

Actually polygamy in Utah is based on religion which permits a man to have multiple wives, not women to have multiple husbands, so it actually works without women having multiple husbands.

Either way, it is stupid. Most men can't handle one wife, why want seven of them?

[Theodor Madison]

Who and how would any one want more than ONE? I work hard enough. I suffer plenty. Who needs more?