Main | Friday, December 13, 2013

UTAH: Federal Judge Strikes Down Portions Of State's Ban On Polygamy

In a move that will cause much told-you-so-ing from the anti-gay slippery slopers, today a federal judge struck down portions of Utah's ban on polygamy. The case was brought by the Brown family of TLC's Sister Wives reality show fame.
In a 90-page opinion, United States District Court Judge Clark Waddups found key parts of the law to be unconstitutional, specifically the language that criminalized cohabitation. According to Attorney Jonathan Turley, the Brown family and their counsel have spent several years fighting the law, both in a criminal case and in their challenge to the law. “With this decision, families like the Brown can now be both plural and legal in the state of Utah,” Turley said in a post on his website.
In a post tonight on his personal website, the attorney for the Browns cites the landmark sodomy ruling in Lawrence V Texas, which should give anti-gay groups ammunition for the next couple of years.
My final thanks is to the Brown family which has endured years to threats and investigation to bring this day about. They have secured for plural families the equivalent of Brown v. Board of Education in breaking through centuries of prejudice. They have also guaranteed that the promise of privacy recognized for same-sex couples in Lawrence v. Texas will also be extended to plural relationships. In recognition of the importance of this civil liberties case (and contrary to the statements of state officials), the Brown have made little reference to the case on their TLC show so not to distract attention from the merits of the case. They have earned this historic victory and both my respect and gratitude.
(Tipped by JMG reader Eric)

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