Federal judge strikes down part of Utah’s ban on polygamy
Ben Winslow and Mark Green ("Fox 13," August 27, 2014)
SALT LAKE CITY — A federal judge declared a portion of Utah’s polygamy ban
unconstitutional late Wednesday, essentially decriminalizing polygamy in
the state.
U.S. District Court Judge Clark Waddoups ruled the phrase in the law “‘or
cohabits with another person’ is a violation of the Free Exercise Clause of
the First Amendment to the United States Constitution and is without a
rational basis under the Due Process Clause of the Fourteenth Amendment.”
The ruling comes in a lawsuit filed by reality TV polygamist Kody Brown and
his wives, who left Utah fearing prosecution. They sued the state, arguing
that the ban violated their right to freely practice their religion.
The ruling follows a similar order in December of last year that the judge
took back while he decided the issue of damages. In the order, Judge
Waddoups did preserve the phrases “marry” and “purports to marry” to “save the
statute from being invalidated in its entirety.”
The judge also awarded financial compensation to the Brown family.
The Utah Attorney General’s Office told FOX 13 late Wednesday it was
reviewing the ruling. Utah Attorney General Sean Reyes told FOX 13’s Ben
Winslow
in an interview last year that he intended to appeal to the 10th U.S.
Circuit Court of Appeals.
In a statement, Brown family attorney Jonathan Turley said he hoped Reyes
would not appeal.
“After this decision, abuse of spouses and children will continue to be
prosecuted regardless of whether they occur in monogamous or polygamous
families. These protective services will only be strengthened now that many
families can openly integrate into society and not fear prosecution merely
because of their family structure,” he wrote.
“Utah is a state that was founded by citizens seeking those very rights
against government abuse. Utah is better place because of the courageous
decision of Judge Waddoups and the commitment of the Brown family in defense of
our Constitution.”
Kody Brown and his wives issued a statement late Wednesday. It reads:
“The entire Brown family is gratified and thankful for this final ruling
from Judge Waddoups. The decision brings closure for our family and further
reaffirms the right of all families to be free from government abuse. While
we know that many people do not approve of plural families, it is our
family and based on our religious beliefs. 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. We hope that Attorney
General Reyes will see this as a victory of us all in defending the freedom
of religion and other rights in our precious Constitution. We want to
particularly thank our lead counsel Professor Jonathan Turley who represented
us
through the criminal investigation and then led the fight against this law
to reach this historic decision. We also want to thank the team of lawyers
and students from George Washington, including our local counsel Adam
Alba. We are so honored and blessed to have been able to serve as the vehicle
for this milestone ruling. Professor Turley has pledged to defend this
decision on appeal and we are equally committed to fight to preserve this now
final and complete victory.”
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