Judge allows polygamy lawsuit
Source: Agencies |
February 6, 2012, Monday
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Print Edition
Print Edition
'A FEDERAL judge has ruled there's sufficient evidence to allow a polygamous family made famous by a reality TV show to pursue a lawsuit challenging the constitutionality of Utah's bigamy law.
US District Judge Clark Waddoups dismissed Utah's governor and attorney general from the case, but allowed the suit to proceed against Utah County Attorney Jeffrey Buhman, the Deseret News and Salt Lake Tribune reported.
Buhman threatened to prosecute Kody Brown and his four wives - Meri, Janelle, Christine and Robyn - after the TLC show "Sister Wives" debuted in September 2010, but his office has not filed charges.
The family sued Buhman, Governor Gary Herbert and Attorney General Mark Shurtleff in July 2011, claiming Utah's bigamy statute violates their constitutional rights to due process, equal protection, free exercise of religion, free speech and freedom of association. Waddoups, in his 21-page ruling, wrote that he dismissed Herbert and Shurtleff from the case because Shurtleff assured the Browns that they wouldn't be prosecuted. Shurtleff has a policy of not prosecuting consenting adult polygamists as long as they're not committing other crimes.
But the judge wrote Buhman conducted interviews with the news media that made it clear he intended to investigate and prosecute the Browns. The fact that no charges have been filed does not matter, he added.
But the Browns must show that there's a real and viable threat to their constitutional rights for the lawsuit to hold up in court, according to Waddoups.
US District Judge Clark Waddoups dismissed Utah's governor and attorney general from the case, but allowed the suit to proceed against Utah County Attorney Jeffrey Buhman, the Deseret News and Salt Lake Tribune reported.
Buhman threatened to prosecute Kody Brown and his four wives - Meri, Janelle, Christine and Robyn - after the TLC show "Sister Wives" debuted in September 2010, but his office has not filed charges.
The family sued Buhman, Governor Gary Herbert and Attorney General Mark Shurtleff in July 2011, claiming Utah's bigamy statute violates their constitutional rights to due process, equal protection, free exercise of religion, free speech and freedom of association. Waddoups, in his 21-page ruling, wrote that he dismissed Herbert and Shurtleff from the case because Shurtleff assured the Browns that they wouldn't be prosecuted. Shurtleff has a policy of not prosecuting consenting adult polygamists as long as they're not committing other crimes.
But the judge wrote Buhman conducted interviews with the news media that made it clear he intended to investigate and prosecute the Browns. The fact that no charges have been filed does not matter, he added.
But the Browns must show that there's a real and viable threat to their constitutional rights for the lawsuit to hold up in court, according to Waddoups.
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