Judge Quashes Utah’s Laws, Favours Mormons’ Polygamous Practices

Kody Brown

A judge ruled portions of Utah’s law banning polygamy are unconstitutional and effectively decriminalized the practice in the state, in a victory for the Mormon family that appears in the reality show ‘Sister Wives.’ Kody Brown, who stars in the show along with his four wives, filed a lawsuit against Utah after leaving the state in fear of being prosecuted once their programme went on air.

United States District Judge Clark Waddoups ruled to strike down the contested portions of Utah’s anti-polygamy law, saying prohibiting the Browns from cohabitation violates their religious freedom. Though the ruling came through in December last year, Waddoups recently said that Brown and his wives could take their time to accumulate funds for their lawyers’ fees. In the meanwhile, the court ordered the county to pay for the Brown family’s court costs.

Waddoups’ decision has set a milestone for the Browns, who sued Utah after leaving for Las Vegas in 2011. They sued the state following county prosecutor Jeff Buhman’s threat to sue them once their show went on air. The state’s Attorney General Sean Reyes had earlier said that he would appeal the ruling once it was made final. However, after Waddoups’ latest statement, his office has said that they are reviewing the ruling to see if they can make an appeal against it.

Kody Brown 1

Brown’s attorney Jonathan Turley said that the family was overwhelmed and grateful for Waddoups’ ruling. He also clarified that the family would take the legal battle to an appeals court or even to the Supreme Court, if needed.

“This was a historic ruling that I believe will stand the test of time. ... The important thing is that they now can move back to Utah. ... They now have the choice. ... For the state of Utah to appeal this case, it will have to go to Denver and argue against freedom of religion,” Turley said.

Radical Mormons believe a polygamous lifestyle brings exaltation in heaven though the mainstream Mormon Church strictly bars this practice. Utah’s bigamy law is more stringent than those in 49 other states, most of which disallow people from acquiring multiple marriage licenses. Utah’s earlier ban not only prohibited multiple marriages but also made it a punishable offence with up to five years in prison for those who chose to cohabit with someone they were not legally married to.

Photo Credits: The Daily Mail

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