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July 26, 2012

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Mormon TV stars challenge bigamy law

KODY Brown and his four wives want what any family wants, to live in the privacy of their own home free from government intrusion, and out from under the threat of criminal prosecution for - as they see it - just loving each other.

The polygamous family, stars of the US television show "Sister Wives," which airs on TLC, has sued Utah and the county they fled from, hoping to persuade a federal judge to overturn the state's bigamy law as unconstitutional.

The case could potentially decriminalize a way of life for tens of thousands of self-described Mormon fundamentalists, most of whom live in Utah where bigamy is a third-degree felony punishable by up to five years in prison. But the state has publicly said it won't prosecute consenting adult polygamists unless there are other crimes involved, but insists the law doesn't overreach.

"It is not protected under religious freedom because states have the right to regulate marriage," said Paul Murphy, spokesman for Utah Attorney General Mark Shurtleff.

A hearing was set for yesterday on a motion to dismiss the case after prosecutors in Utah County, where the family had been living until last year, announced no criminal charges would be filed against the Browns under the state's bigamy statute.

Utah County Attorney Jeff Buhman is seeking to have the lawsuit dismissed. He claims the Browns have no standing since they are no longer subject to prosecution.

No matter, says their attorney, Washington, DC, constitutional law professor Jonathan Turley. Brown and wives Meri, Janelle, Christine and Robyn remain victims and still live under the stigma of being considered felons, Turley said.





 

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