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Showing posts with label jonathan Turley. Show all posts
Showing posts with label jonathan Turley. Show all posts

Monday, January 14, 2013

UPDATED: 'Sister Wives’ lawsuit coming back to Utah courtroom




The lawsuit filed by the polygamous Brown family goes back to a courtroom on Thursday. But the plaintiffs, made famous by the television show "Sister Wives," can already claim some successes.
The Browns have won the issue of whether they are allowed to sue, and they managed to win it without getting prosecuted for bigamy. That means U.S. District Judge Clark Waddoups will hear arguments Thursday on the heart of the case: whether Utah’s statute making plural marriage a crime is unconstitutional.
The Browns’ attorney, George Washington University law professor Jonathan Turley, issued a statement last week. Please read the rest at: http://www.sltrib.com/sltrib/news/55606398-78/browns-wives-utah-sister.html.csp

(Source: The Salt Lake Tribune)

Updates to the proceedings:
http://www.sltrib.com/sltrib/news/55643460-78/waddoups-polygamy-utah-jensen.html.csp
http://bigstory.ap.org/article/sister-wives-lawsuit-back-utah-courtroom
http://fox13now.com/2013/01/17/judge-contemplates-decriminalizing-polygamy-sister-wives/

Saturday, December 17, 2011

'Sister Wives' stars fight for the right to... polygamy: Is America ready?

Get your fill of the Sister Wives court proceedings yesterday right here! Not that anything...um...happened...or they showed up. Browns can't mess with court when they have a LIV party going on!!!
oday Kody Brown — star of polygamist reality show Sister Wives — reported to court with his four wives Meri, Janelle, Christine, and Robyn, intending to prove their challenge Utah’s polygamy laws. Nearly two years after Big Love‘s Bill Henrickson ran for Senate expressly to take “The Principle” (a.k.a. polygamy) mainstream, it seems a curious case of life imitating art. We know how things ended for poor Bill, but what of the Browns, whose own series was spun off of Love‘s popularity? Do they have a chance that their love might be one day accepted by the public?
Said the Browns’ lawyer, Professor Jonathan Turley, “We believe that this case represents the strongest factual and legal basis for a challenge to the de ever filed in the federal courts. We are not demanding the recognition of polygamous marriage. We are only challenging the right of the state to prosecute people for their private relations and demanding equal treatment with other citizens in living their lives according to their own beliefs.”
It’s a tricky topic. Polygamy, as of now, certainly falls under the delightfully dismissive (and very large) umbrella of “alternative lifestyle” for the vast majority of Americans. The notion that a man would want to legally marry more than one woman makes people squeamish to say the least. And yet, clearly there is an appetite for this kind of content. Big Love ran for five critically acclaimed seasons (picking up a Golden Globe for ChloĆ« Sevigny along the way), and Sister Wives is on TLC — a network that skews toward the apple pie demographic. Is this a case of reality television subtly, slowly shifting reality, or is it simply an instance of America wanting to objectify a novel curiosity on the boob tube, but no more?
U.S. District Judge Clark Waddoups has yet to announce his decision on today’s hearing. “The court gave us a fair hearing and we will await his decision,” Turley told reporters. “We are committed to pursuing these claims on behalf of the Brown family wherever they take us in the legal system.”
(Source:  http://popwatch.ew.com/2011/12/16/sister-wives-stars-fight-for-the-right-to-polygamy-is-america-ready/)

 Judge hears 'Sister Wives' challenge of Utah law
 By JENNIFER DOBNER, Associated Press 
SALT LAKE CITY (AP) — Attorneys for a polygamous family made famous on a reality television show on Friday asked a Utah federal judge not to block their challenge of the state's bigamy law.
Kody Brown and wives Meri, Janelle, Christine and Robyn filed a lawsuit in Salt Lake City's U.S. District Court in July.
The stars of the TLC show "Sister Wives" contend the law is unconstitutional because it violates their right to privacy — prohibiting them from living together and criminalizing their private sexual relationships.
Under Utah law, people are guilty of bigamy if they have multiple marriage licenses, or if they cohabitate with another consenting adult in a marriage-like relationship. Any couple of any sex living together in an intimate relationship is considered marriage-like under the law, and such a living arrangement would be considered a felony. Any couple of any sex living together in an intimate relationship could be considered guilty of a felony under the law.
Formerly of Lehi, the Browns and their 17 children moved to Nevada in January after police launched a bigamy investigation. The Browns practice polygamy as part of their religious beliefs.
U.S. District Court Judge Clark Waddoups heard oral arguments in the case on Friday in Salt Lake City and took the matter under advisement. It's not clear when he will rule.
For the case to go forward, the judge must decide the Browns have been harmed by the bigamy law.
In court, the Browns' Washington-based attorney, Jonathan Turley, said the family has suffered losses of income and been forced to move out of state because they were under investigation for bigamy.
They've also suffered "reputational harm" because the law labels the Browns' family a "criminal association," and because some Utah County prosecutors have said publicly that it would be easy for authorities bring charges because the Browns have already acknowledged felonies on national TV.
"This family was fearful of arrest ... they still are," Turley said. "It's why they are not here (in court) today."
Assistant Utah Attorney General Jerrold Jensen called the Browns' lawsuit "great TV drama" but said there's no real threat to the family, which has neither been arrested or charged with any crime.
Jensen said it's more likely the Browns were harmed by publicizing their lifestyle on television, not by actions taken by the state.
"The Browns have perceived that they will be prosecuted," Jensen said. "That is a misperception, at least at this point."
Jenson also said the Browns assume that an ongoing investigation by Utah County authorities is related to allegations of bigamy.
"It's over something else," Jensen said.
Utah County Attorney Jeff Buhman has not disclosed the nature of their investigation publicly and a message left for him Friday was not immediately returned.
Buhman's office has no stated policy related to the prosecution of polygamists.
On Friday, Jensen said the attorney general's office policy is to only file bigamy charges against a polygamist in connection with other crimes, such as underage marriages, child abuse or welfare fraud. A straight bigamy prosecution hasn't been filed in Utah for more than 50 years, Jensen said.
A check of state court records by The Associated Press, however, found at least two cases.
Bob Foster had three wives when he was arrested and charged with bigamy in 1974. He pleaded no contest and was sentenced to six months in jail. He was released after 21 days and ordered to serve five years of probation. A judge also said Foster was not allowed to live with his families. Foster died from cancer in 2008. He was still married to all three women.
Mark Easterday was arrested and charged with bigamy in 1999. Authorities were alerted to Easterday's multiple marriage as part of a custody battle during his divorce from his first wife. He ultimately pleaded no contest to adultery because the divorce was finalized before the bigamy case went to trial. Easterday was sentenced to probation.
Easterday, who left Utah and is currently married to two women, told The Associated Press he believes the Browns are right to fear a bigamy prosecution.
"I know from experience that they do prosecute," Easterday said. I think they should change the law over the entire country. Why it is that in some places a woman and a woman can be married, but a man can't have another wife?"
Polygamy in Utah and across much of the Intermountain West is a legacy of 19th century Church of Jesus Christ of Latter-day Saints. Mormons abandoned the practice of plural marriage in the 1890s as a condition of Utah's statehood and now excommunicates members found engaging in polygamy.
An estimated 38,000 self-described Mormon fundamentalists continue the practice, believing it brings exaltation in heaven. Most keep their way of life a secret.
Typically, polygamous men are legally married to their first wives and wed subsequent brides only in religious ceremonies. The couples consider themselves "spiritually married."
(Source:  http://www.google.com/hostednews/ap/article/ALeqM5jMDHarOyYP1xyUcsdKpN13-0Sfbw?docId=ac03b7d719d64eb2acf02b463f0015ca)

All this going on - What are the Brown's doing? well. according to tweets, a LIV party!

Caramel Brownie sent me this:

Maybe this is real reason they didn't show up to court. Scared they were gonna miss out on LIV Party ...lol SMH
GGRRRRR ..they disgust me :/
-Caramel Brownie

"AspynBrown: @mizkylie Hey are you coming to the LIV party tonight?"
--http://twitter.com/AspynBrown/status/147858133371457536


 Really? Browns got partying on their minds huh?...smh
-Caramel Brownie
"LuvgvsUwngs: @LuvgvsUwngs @MeriBrown1 @JanelleBrown117 @rosecolored6 Off to get a Christmas present for your party!"
--http://twitter.com/LuvgvsUwngs/status/146352729814601730


What are YOUR thoughts?

Friday, December 16, 2011

Browns to be discussed in Utah Court today....

UPDATED


Jonathan Turley will be appearing in federal court in Salt Lake City, Utah to argue for standing in our challenge to the Utah statute criminalizing bigamy and cohabitation. read about it at the Attorney Jonathan Turley's Blog:

 http://jonathanturley.org/2011/12/16/federal-court-considers-standing-in-sister-wives-case/
_________________________________________________
UPDATED 12/16/ Pm
(Al Hartmann | The Salt Lake Tribune) Utah Assistant Attorney General Jerrold Jensen speaks outside the Frank Moss Federal Courthouse Friday December 16 after a hearing in the "Sister Wives" family challenging Utah's bigamy law.


The "chilling effect" of an open investigation into the polygamous stars of a reality TV show should allow them to challenge Utah’s bigamy law, their attorney argued Friday in Salt Lake City’s federal court.
"Not only has the state defined them as a criminal association, you have prosecutors coming out and saying they are committing a crime every night on television," said Washington, D.C.-based constitutional law attorney Jonathan Turley. "If this doesn’t get them to come to federal court, what does, short of a federal indictment?"
U.S. District Judge Clark Waddoups took Friday’s arguments under advisement and is expected to rule in about a month.
Kody Brown and his four wives — Meri, Janelle, Christine and Robyn — sued to strike down the bigamy law in July, nearly a year after police in their former hometown of Lehi opened an investigation following the debut of their TLC show "Sister Wives."
Though the case remains open, no charges have been filed, and without criminal charges the state says the Browns don’t have legal standing to challenge the law.
Assistant Attorney General Jerrold Jensen countered Turley’s arguments Friday with a new revelation: The investigation wasn’t only about polygamy.
"Officials in the state of Utah do not prosecute for just bigamy. It is brought up in conjunction with another crime. That other crime is being investigated by the Utah County Attorney," Jensen said, though he repeatedly declined to say what it is.
Jensen argued that the injuries claimed by the Browns — including spending their savings moving to Nevada and loss of entertainment-related income — were the result not of the county’s investigation but by their choice to publicize their lifestyle on cable television.
"The Browns have manufactured a case that doesn’t exist," Jensen said.
But Turley countered that the Browns have been careful to keep any mention of the lawsuit off the show.
"This family was singled out. Yeah, they were on TV. They have a right to be on TV. What are these statements [by prosecutors] about if not a chilling effect?" Turley said.
He said the Browns did not attend Friday’s hearing due to a fear of prosecution.

To read the rest of the story, please go to:

Friday, July 29, 2011

Why Polygamists Won’t Benefit from Gay Marriage’s Success (I Hope)



I have to think that there are some gay-marriage advocates who are not pleased with Kody Brown’s decision to appeal Utah’s anti-polygamy statute. As Jonathan Turley, who is representing Brown, writes in a recent New York Times op-ed,

In his dissent in Lawrence [v. Texas], Justice Antonin Scalia said the case would mean the legalization of “bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality and obscenity.” Justice Scalia is right in one respect, though not intentionally. Homosexuals and polygamists do have a common interest: the right to be left alone as consenting adults.

I am one of those who has written about the deeply harmful effects of polygamy, particularly when it is rampant in a community, as it is in many places in Utah and New Mexico, among other states. I have written (in The Wall Street Journal, The Los Angeles Times and The Dallas Morning News) about the girls who are prevented from getting an education, the boys who are forced to leave their communities (lest they provide competition for the older men), the physical abuse, the sexual abuse, and all of the other criminal problems that come in polygamous communities. I also commend a recent piece by Brown University’s Rose McDermott in The Wall Street Journal about all of the problems that come with polygamy (she has done an international study of the problem). I’ve also talked about why it’s not feasible to simply prosecute the crimes as they occur, rather than prosecuting polygamy. (Hint: No one in these communities wants to report crimes because of the consequences they would face.)

But I’ll put that all aside for a minute and just add that I have watched Sister Wives a few times and each time I turn it off, cringing. It’s not because I find polygamy morally reprehensible, though I do. It’s because I feel sorry for these women. These episodes where Mr. Brown and his four wives are sitting on a couch seems like an attempt to show everything is fine and their family is perfectly normal. But then one of the wives starts complaining and then crying about how he is spending too much time with the other, that he finds the other more attractive, that he is spending more nights with the newer wife or whatever. It’s so degrading—even by the standards of reality TV. What are these women doing, sharing their beds with each other? I feel like playing some feminist anthem for them. And Kody Brown? A slick guy who just can’t wipe the smirk off his face. And why should he? He’s got everyone fooled.

Gay marriage has won the day with so much of the American public, I think, because gay couples look like the rest of America. I don’t think polygamists have the same advantage in their fight. And I have a hard time imagining they ever will.                           
                                                                                                                                                     

MS Note - I have to agree it's a totally different arena. An example, here's my favorite couple from the Modern Family,Mitchell and Cameron.
They are the loving, kind, and treat each other better than many married couples.
And, what a HOOT! Fisbo, you rock!! 
They don't believe in the Book of Mormon, and who's to say, their sins are any worse than ours? Only God is to judge that. Don't think they are worrying about any planets!hee hee