UPDATED: Utah Anti-Polygamy Law Partially Struck Down

[DonViejo]

Last edited Sat Dec 14, 2013, 01:50 PM - Edit history (1)

Source: TPM

DYLAN SCOTT – DECEMBER 14, 2013, 9:09 AM EST

A federal court has invalidated a Utah law that prohibited co-habitation between a married person and another adult who was not his or her spouse -- a law that had been part of the state's legal infrastructure banning polygamy, BuzzFeed reports.

The ruling does not legalize polygamy, according to BuzzFeed, but does permit "religious co-habitation." Polygamous households are still prohibited from seeking multiple marriage licenses from the state.

The case had been brought by the Brown family, stars of the TV show "Sister Wives".

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Read more: http://talkingpointsmemo.com/livewire/utah-anti-polygamy-law-struck-down

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UPDATE:

Federal judge declares Utah polygamy law unconstitutional
District court ruling finds key parts of Utah polygamy laws unconstitutional.
By Jim Dalrymple II | The Salt Lake Tribune
First Published Dec 13 2013 07:45 pm • Updated 1 hour ago

A U.S. District Court judge has sided with the polgyamous Brown family, ruling that key parts of Utah’s polygamy laws are unconstitutional.

Judge Clark Waddoups’ 91-page ruling, issued Friday, sets a new legal precedent in Utah, effectively decriminalizing polygamy. It is the latest development in a lawsuit filed by the family of Kody Brown, who became famous while starring in cable TV channel TLC’s reality series "Sister Wives." The show entered a fourth season at the end of the summer.

Waddoups’ ruling attacks the parts of Utah’s law making cohabitation illegal. In the introduction, Waddoups says the phrase "or cohabits with another person" is a violation of both the First and 14th amendments. Waddoups later writes that while there is no "fundamental right" to practice polygamy, the issue really comes down to "religious cohabitation." In the 1800s — when the mainstream LDS Churh still practiced polygamy — "religious cohabitation" in Utah could have actually resulted in "multiple purportedly legal marriages." Today, however, simply living together doesn’t amount to being "married," Waddoups writes.

"The court finds the cohabitation prong of the Statute unconstitutional on numerous grounds and strikes it," Waddoups later writes.

Utah’s bigamy statute technically survived the ruling. However, Waddoups took a narrow interpretation of the words "marry" and "purports to marry," meaning that bigamy remains illegal only in the literal sense — when someone fraudulently acquires multiple marriage licences.

Full article
http://www.sltrib.com/sltrib/news/56894145-78/utah-polygamy-waddoups-ruling.html.csp

Sister Wives Ruling

[ZombieHorde]

1. I think this is a good thing.

I know many polygamous relationships are oppressive, but many monogamous relationships are oppressive too. Having relationships out in the open can help protect everyone involved, except from bigotry, of course.

[cosmicone]

2. This is a good ruling

but the law needs to be narrowed

If the third (or nth) adult is not related to the married couple by blood, then a notarized informed consent must be on file from the third (or nth) adult and if there are any minor children of the third (or nth) adult, there should be a consent on file for periodic child protective services evaluation.

The way the law stands, having a mother-in-law live with you would be illegal.

[thesquanderer]

3. re: "The way the law stands, having a mother-in-law live with you would be illegal."

Could be a good reason to move to Utah.

[ninjanurse]

4. FLDS

Utah and Arizona need to deal with the polygamous Fundamentalist Church of the Latter Day Saints. What they do under cover of religion is organized crime and human trafficking.

[Tx4obama]

5. Kick n/t