Judge questions dismissal of 'Sister Wives' lawsuit challenging Utah bigamy law

SALT LAKE CITY — A federal judge wants to know whether Utah County's assertion that it would not prosecute the polygamous family featured in "Sister Wives" is a ruse to avoid a legal challenge of the state's bigamy law.

U.S. District Judge Clark Waddoups' blunt questions had a state attorney on his heels for much of a 45-minute hearing Wednesday as he tried to defend Utah County Attorney Jeff Buhman's recent policy change regarding the statute.

"Is the act of the Utah County attorney simply an attempt to avoid the issue of what consenting adults can do constitutionally?" Waddoups asked assistant attorney general Jerrold Jensen.

In May, Buhman said in court documents that his office had adopted a formal policy not to prosecute the practice of bigamy unless it occurs in conjunction with another crime or if a party to the marriage or relationship is under 18.

The change came about 18 months after Buhman's office said it was investigating and might prosecute Kody Brown and his four wives under Utah's bigamy law. The Browns later filed a lawsuit, claiming the statute violates their constitutional rights to due process, equal protection, free exercise of religion, free speech and freedom of association.

Jensen contends that because the Browns won't be prosecuted, their lawsuit is moot and should be dismissed.
"Is the act of the Utah County attorney simply an attempt to avoid the issue of what consenting adults can do constitutionally?"
–Clark Waddoups

Calling it an "important issue to many people," Waddoups took the case under advisement and said he would rule as soon as possible.

The judge noted that other than in court documents, Buhman did not publicly announce the change and there's nothing to preclude him or a future county attorney from enforcing the law. "That goes to the sincerity of this policy," he said.

Jensen said Buhman, who did not attend the hearing, should be taken at his word.

"I don't think you can question the sincerity of the adoption of this policy," Jensen told the judge.

Jensen said after the hearing that he would call Buhman to the witness stand if the ruling goes against the state.

The Browns' attorney, Jonathan Turley, said the "faux" policy does not repeal the bigamy statute and that Buhman still considers it constitutional and enforceable. He never explains the reasons for not prosecuting people for bigamy, but is willing to do so if it's connected to another crime, Turley said.

"It's clearly an effort to avoid a ruling in this case," he said.

The law, Turley said, still "dangles like a Damocles sword" over the Browns.

Brown, who did not attend the hearing, filed a court declaration Tuesday saying despite the "policy" change, his family still feels threatened and that Buhman has never withdrawn his statements labeling them as criminals.

"We continue to suffer harm as a result of the criminalization of our plural family and the public attacks made against my family with reference to this law," he wrote.

Please read the rest at:
http://www.ksl.com/?sid=21406358&nid=148&title=judge-considers-dismissal-of-sister-wives-lawsuit-challenging-utah-bigamy-law

(Written by Dennis Romboy, KSL.com Utah)

All Posts discussing Kody Brown and Family Lawsuits so far....

I'm putting together little "reviews" from our blog.
From time to time I will do listing like this to help you go through and find the posts pertaining to our discussion!
Here is a list of all posts - starting with the eldest - that pertain to The Browns and
the Lawsuits so far.......

http://sisterwivesblog.blogspot.com/2011/07/breaking-news-sister-wives-husband-to.html

http://sisterwivesblog.blogspot.com/2011/07/sister-wives-fear-polygamy-prosecution.html

http://sisterwivesblog.blogspot.com/2011/07/sister-wives-polygamy-lawsuit-tackles.html

http://sisterwivesblog.blogspot.com/2011/07/sister-wives-head-to-court-abc-news.html (v)

http://sisterwivesblog.blogspot.com/2011/07/sister-wives-right-to-privacy-to.html (v)

http://sisterwivesblog.blogspot.com/2011/07/polygamy-wont-ever-be-legal-sister.html

http://sisterwivesblog.blogspot.com/2011/07/tlcs-lobbying-show-sister-wives.html

http://sisterwivesblog.blogspot.com/2011/07/front-for-islam-sharia-bigamy-lawyer.html

http://sisterwivesblog.blogspot.com/2011/07/lawsuit-for-sister-wives.html

http://sisterwivesblog.blogspot.com/2011/07/one-big-happy-polygamous-family-by.html

http://sisterwivesblog.blogspot.com/2011/07/big-mess.html

http://sisterwivesblog.blogspot.com/2011/08/speculation-upon-kody-brown-polygamy.html

http://sisterwivesblog.blogspot.com/2011/08/lawsuit-filed-in-utah-to-legalize-all.html

http://sisterwivesblog.blogspot.com/2011/09/state-wants-sister-wives-lawsuit.html

http://sisterwivesblog.blogspot.com/2011/09/utah-seeks-dismissal-of-sister-wives.html

http://sisterwivesblog.blogspot.com/2011/10/janelle-brown-excerpts-from-court.html

http://sisterwivesblog.blogspot.com/2011/10/kody-brown-and-meri-brown-affidavit.html

http://sisterwivesblog.blogspot.com/2011/10/janelle-brown-filing-against-bigamy.html

http://sisterwivesblog.blogspot.com/2011/10/sister-wives-say-bigamy-probe-harms.html

http://sisterwivesblog.blogspot.com/2011/11/us-could-become-defendant-in-sister.html

(BC) http://sisterwivesblog.blogspot.com/2011/11/british-columbia-supreme-court-upholds.html

http://sisterwivesblog.blogspot.com/2011/12/federal-judge-to-hear-argument-in.html

http://sisterwivesblog.blogspot.com/2011/12/browns-to-be-in-utah-court-today.html

http://sisterwivesblog.blogspot.com/2011/12/sister-wives-stars-fight-for-right-to.html

Lawsuit Filed in Utah to Legalize All Forms of Polygamy, Including Group Marriages

It’s been a few weeks since my last post, but, sadly, it’s not because there hasn’t been a number of topics to choose from. In my last post, I wrote about the New York legislature’s decision to legalize same-sex “marriage.” I also explained, to no-one’s surprise, that just prior to the vote, some already were bemoaning how same-sex “marriage” would be too restrictive because of society’s expectations of monogamy in marriage. Just days later, attorney Jonathan Turley (a law professor at George Washington University School of Law) filed a lawsuit challenging Utah’s law that makes it a crime to knowingly have a spouse and to marry or live with a third person.
The complaint is filed on behalf of the Brown family, who were featured on a TLC reality TV show about polygamy – Sister Wives. In the complaint, Mr. Turley explains that the law “wrongfully” prevents all forms of polygamy, which he describes as including “polygyny, polyandry, and other forms of ‘group marriages.’” To make sure we all are on the same page, he defines each term: polygamy refers to any and all forms of plural marriages; polygyny refers more specifically to a plural marriage of a man and more than one wife; polyandry refers to a plural marriage of a woman with more than one husband; and group marriage refers to a “family” consisting of multiple husbands and wives. Finally, he explains that there is yet another category that is distinct from polygamy — “polyamory.” He defines polyamory as “consensual relationships where participants have more than one sexual partner, including long term commitments to multiple adult partners.” All of these have one common feature, according to the complaint, they “believe that monogamous unions are artificially restrictive and run counter to the biological and emotional needs of human beings.” Yes, he’s arguing that people can’t help but have more than one sex partner so the government should just go ahead and condone it. According to Turley and the Brown plaintiffs, the state has no business in criminalizing these various sexual relationships.
How does he justify his argument? He relies on the US Supreme Court decision in Lawrence v. Texas, a court decision from one province in Canada to protect polygamy, the fact that we permit single people to live, and have children together, and, most offensively, the Bible. The first two reasons require very little discussion. Lawrence is argued by anyone seeking government recognition of sexual sin. What else would you expect from a court decision that proclaimed that the constitutional guarantee of liberty “extends beyond spatial bounds” and “presumes an autonomy of self” both “in its spatial and more transcendent dimensions.” Assuming anyone knows what that means, it certainly leaves the door open for people to argue everything (including, for example, pedophilia) is protected by the constitution.
The two arguments that merit more attention are the Bible and societal-based arguments. The complaint properly points out that in America today, we no longer criminalize (or even socially stigmatize) unmarried cohabitation, fornication, or adultery. If we don’t take these sexual sins seriously, so the argument goes, what basis do we have for saying that polygamy (or same-sex marriage) is wrong. I understand the argument, but don’t agree in the conclusion. Frankly, I think we should take more seriously all forms of sexual sin and take steps to legally discourage the conduct. The solution is not, however, to simply make it a free for all for all types of sexual sin. And the church needs to take the lead on strengthening its commitment to marriage.
Finally, let’s turn to the Biblical argument. I believe this argument demonstrates the worldview conflict that is at the foundation of the current legal battles to legalize same-sex marriage, and, now, polygamy. In the complaint, Mr. Turley makes the argument that polygamy is a longstanding religious practice and is condoned by the Bible. First, he explains that many of the Old Testament heroes were polygamists (referring to Abraham, Moses, and Davis) and “chosen by God to lead His chosen people.” Based on this, he argues, the Bible approves of polygamy. Of course, not being familiar with the Bible, Mr. Turley overlooks the fact that the Bible makes clear that marriage is a union between one man and one woman and that God did not condone of polygamy. What makes his argument even more ironic is that after using the Bible to make his point that polygamy is a longstanding religious practice, he then goes on to essentially say that most people don’t actually take the Bible as the literal word of God. Well, you can’t have it both ways – citing the Bible as fact, and then questioning that it is fact.
Hopefully, with this case, people will finally realize that the overall goal is to absolutely destroy marriage and eradicate any societal reliance on traditional moral values.

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Source: http://www.christianlawjournal.com/blog/lawsuit-filed-utah-legalize-forms-polygamy-including-group-marriages; Thanks to Female Attorney)

Lawsuit for the "Sister Wives" Decriminalization of Polygamy filed by Jonathan Turley for the Brown family.

You may find the complete document here:

http://www.scribd.com/doc/60242003/Kody-Brown-Sister-Wives-Polygamy-Lawsuit-Jonathan-Turley

It is a must read. It is far to long to put on here. If you'd like to download it, please subscribe to the  Scribd Account for free.

** A reminder that 3 of the Brown Bankruptcies are also on this site.

Happy Reading! 

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PART 1 "UPDATED" - "Sister Wives" Moving For Business?

I saw some comments, and wanted to put them all in one spot for easier reading. I hope this connects the dots for some of you, and if you still have questions, tell me and I will review the tapes again. Meri's response to getting fired was based on her lie of polygamy, not prosecution. I answered that on that post by reviewing the tape and transcribing it. People are trying to figure out why they moved, from what they have said and emailed!


I presently haven't found where Robyn said she planned on never moving again; I will post if I do, I know she said it somewhere! UPDATE! FOUND IT! It was on TLC's "Sister Wives Answers Your Questions" Post: 

How do you see your family in the future - is Las Vegas a permanent move? - Dawn K.

ROBYN: Las Vegas better be permanent! I want to settle, put down some roots and make a nest for our family especially now that I am pregnant.

BUT ALSO CHRISTINE: 
I love it here, and my older children, ASPYN, MYKELTI, and PAEDON have all commented that they love living in Vegas and would really struggle if we decided to move back.

Robyn Brown (wife No. 4) also said they wanted to make a political point. "It's OK for us to live this way, honestly. I'm sorry, but this is a nation of freedom of choice," Robyn Brown declared on National Public Radio. "We should have this choice, and I want my kids to know that."

(http://sisterwivesblog.blogspot.com/2011/07/tlcs-lobbying-show-sister-wives.html)

Robyn, S02E11 “It will be nice to be in this house more than 6 months.”

Now, I have issue with that. She lived in the other house a good year and a half, and NEVER decorated it. Did anyone else notice how bare it was? Did she know the plan?

Where they all say, NO, WE DID NOT MOVE BECAUSE OF THE INVESTIGATIONS. NO they planned this long before. watch this clip:

YOU need to watch this clip again. The whole thing

Kody: THAT”S NOT THE REASON WE MOVED, watch them talk about how they afford it. (http://sisterwivesblog.blogspot.com/2011/07/kody-brown-make-up-your-damn-mind.html)

Christine Brown  (and ANNE WILDE) isn’t afraid to sit in the same room as the Attorney General and admit she’s a polygamist. 

QUESTION: So you want to be charged. CHRISTINE: "BRING IT ON KIND OF, YEAH" This was so pre planned!!! And she talks of needed a family to spotlight hmmmm.

On the show, they said TMZ were camped out and going to give them a day. Here's what they said to them:

 'Sister Wives' Fam -- We're Moving to Nevada!! 1/18/2011 5:45 AM PST by TMZ Staff  (Courtesy of TMZ)

"Sister Wives" polygamist Kody Brown is gonna need a whole LOTTA moving trucks ... 'cause the man with 4 wives and 19 kids is moving his entire family out of the state of Utah ... TMZ has learned. Sources close to the Brown's -- all 24 of 'em -- tell us Kody will be moving the gang to Nevada so he and his wives can "explore new job opportunities."


Brown -- who was at the center of the felony bigamy investigation in Utah -- shouldn't face as much scrutiny for his living situation in Nevada ... where cohabitation between a man and his unlicensed "wives" is not a crime.

Brown family attorney Jonathan Turley tells us neither Kody nor his wives have been hit with any charges stemming from the Utah investigation. As for the move -- we're told the fam should be on the road in the next few days.  

LEHI — A polygamous Lehi family featured on the reality show "Sister Wives" has moved to Nevada. Kody Brown, his four wives and 16 children left Utah to pursue new opportunities, said their attorney Jonathan Turley.
Jonathon Turley himself:
"The Browns moved without any charges pending, Turley said. "In the past, state officials have made it clear to polygamous families in Utah that they would not proceed against them absent evidence of some collateral crime such as child abuse," he said. "No such crimes were found in the Brown family after an extensive field investigation."Turley lauded the county attorney's office for showing "commendable judgment and discretion" in the case." (Jan 19, 2011)

Confused? I am. 
OPEN QUESTION TO THE BROWNS - Why did you move? 
 

Why would they say the move on national TV for business and they wanted to;and make 5 episodes about fear?
DISCUSSION TIME!

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