TLC reality TV show "Sister Wives" star Kody Brown together with his wives fights for his polygamous marriage, challenging Utah's anti-polygamy law. Federal appeals court will review its ruling on Utah's law, and this will serve as a landmark decision protecting plural families in Utah, ABC News reported
The Utah's attorney general's office filed an appeal Thursday with the Denver-based 10th U.S. Circuit Court of Appeals, two weeks after it ended speculation by announcing it would challenge the ruling.
Considering the family's religious freedom, U.S. District Judge Clark Waddoups ruled in favor of Kody Brown and his four wives. He said that the law forbidding cohabitation violated their religious rights.
Although the decision decriminalized polygamy, as in most other states, it is still illegal. The decision then would make Utah consistent with the other states' law against polygamous marriage: people cannot have multiple marriage licenses. This further means that a man can only be married to one woman while he can only be "spiritually" married to others, The Salt Lake Tribune reported.
Parker Douglas, chief of staff for Utah Attorney General Sean Reyes, wants use to make sure that the prosecutors will have all the legal rights when they go after polygamous families where abuse may be existing.
"The Browns don't seem like the kind of situation that causes people too much pause," Douglas said "But there are other situations where there are multiple spouse arrangements where there is abuse."
Despite its implementation for many years now, Brown's office still receives reports of abuse from polygamous families on a regular basis. He expressed his skepticism in case the rule gets upheld because by then it would be difficult to prove that a person has multiple spouses.
"When you have people who may be vulnerable, the state has a responsibility to make sure that its citizens are safe," Douglas said.
Jonathan Turley, Brown family's attorney, declared that the family is willing to plead their case to the U.S. Supreme Court if necessary. He went on to say that Utah should not challenge a person's freedom of religion and equal protection. In retrospect, the Brown family filed a lawsuit in 2011 before they fled to Las Vegas last year because of prosecution threat.
Polygamy is a practice affirmed by the mainstream Mormon Church. However, Salt Lake City-based Church of Jesus Christ of Latter-day Saints abandoned the practice in 1890 and strictly prohibits it today.
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