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Tuesday, July 12, 2011

Courts - "Polygamist, Under Scrutiny in Utah, Plans Suit to Challenge Law"

John Schwartz reports today in the NY Times in an interesting story that begins:

Kody Brown is a proud polygamist, and a relatively famous one. Now Mr. Brown, his four wives and 16 children and stepchildren are going to court to keep from being punished for it.

The family is the focus of a reality TV show, “Sister Wives,” that first appeared in 2010. Law enforcement officials in the Browns’ home state, Utah, announced soon after the show began that the family was under investigation for violating the state law prohibiting polygamy.

On Wednesday, the Browns are expected to file a lawsuit to challenge the polygamy law.

The lawsuit is not demanding that states recognize polygamous marriage. Instead, the lawsuit builds on a 2003 United States Supreme Court decision, Lawrence v. Texas, which struck down state sodomy laws as unconstitutional intrusions on the “intimate conduct” of consenting adults. It will ask the federal courts to tell states that they cannot punish polygamists for their own “intimate conduct” so long as they are not breaking other laws, like those regarding child abuse, incest or seeking multiple marriage licenses.

NPR's Morning Edition today also has a story, "'Sister Wives' Family To Challenge Anti-Bigamy Law," by Barbara Bradley Hagerty. It begins:
The latest episode in Sister Wives is playing out in the courtroom, not on cable. On Wednesday, the Brown family — the husband, four wives, and 16 children who star in the reality TV show — plans to file a lawsuit in federal court in Utah. The family members say the state's anti-bigamy law is unconstitutional and that Supreme Court precedent backs them up.

Posted by Marcia Oddi on July 12, 2011 10:42 AM
Posted to Courts in general