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    Judge allows 'Sister Wives' suit to proceed

    Associated Press – Sun, Feb 5, 2012

    SALT LAKE CITY (AP) — A federal judge has ruled there's sufficient evidence to allow a polygamous family made famous by a reality TV show to pursue a lawsuit challenging the constitutionality of Utah's bigamy law.

    U.S. District Judge Clark Waddoups on Friday dismissed Utah's governor and attorney general from the case, but allowed the suit to proceed against Utah County Attorney Jeffrey Buhman, the Deseret News and Salt Lake Tribune report.

    Buhman threatened to prosecute Kody Brown and his four wives — Meri, Janelle, Christine and Robyn — after the TLC show "Sister Wives" debuted in September 2010, but his office has not filed charges.

    The family sued Buhman, Gov. Gary Herbert and Attorney General Mark Shurtleff in July 2011, claiming Utah's bigamy statute violates its constitutional rights to due process, equal protection, free exercise of religion, free speech and freedom of association.

    Waddoups, in his 21-page ruling, wrote that he dismissed Herbert and Shurtleff from the case because Shurtleff assured the Browns that they wouldn't be prosecuted. Shurtleff has a policy of not prosecuting consenting adult polygamists as long as they're not committing other crimes.

    But the judge wrote that Buhman conducted interviews with the news media that made it clear he intended to investigate and prosecute the Browns. The fact that no charges have been filed does not matter, he added.

    "The entirety of actions by the Utah County prosecutors tend to show either an ill-conceived public-relations campaign to showboat their own authority and/or harass the Browns and the polygamist community at large, or to assure the public that they intended to carry out their public obligations and prosecute violations of the law," Waddoups wrote.

    There's reason for the Browns to believe they could face prosecution in Utah County, the judge continued, and that could have a "chilling effect" on their ability to practice their First Amendment rights in the state.

    But the Browns must show that there's a real and viable threat to their constitutional rights for the lawsuit to hold up in court, Waddoups wrote.

    Brown moved his wives and 16 children from Lehi to the Las Vegas area in January 2011.

    Buhman said he had not yet reviewed the ruling and was not prepared to comment.

    (This version corrects date Brown's family moved to 2011)

     
    • pistolpackingranny
      pistolpackingranny  •  Richardson, Texas  •  3 mths ago
      If one man has 10 wives then 9 in their community must go without. Many of these "families" are collecting welfare for the sister wives and their children so our tax dollars are supporting this crap.
      • Al
        Al 3 mths ago
        Ok, then cut off welfare to "sister wives". What consenting adults do shouldn't be our concern.
      • Kate
        Kate 3 mths ago
        why stop at cutting off welfare to sister wives? ... I mean hell we should make them only to have X amount of kids ... then it comes up that everyone has to paint their house green ... or blue ... or whatever ..
      • Helen H
        Helen H 3 mths ago
        Where are you getting that the wives are collecting welfare? I've watched the show since the beginning and I have never heard that they were.
    • Bryn B
      Bryn B  •  3 mths ago
      I'm okay with plural marriage, as long as women can get married to more than one man, as well.
      • ekana
        ekana 3 mths ago
        No apparently, he's not into THAT. That's how open-minded HE is while he asks that the rest of us to open our minds by accepting HIS way of doing things.
      • Bill
        Bill 3 mths ago
        Didn't the early Hawaiians have such a system? Maybe, in the future, china will, what with them aborting so many girl babies.
    • KC
      KC  •  Mannheim, Germany  •  3 mths ago
      they get around the letter of the law by only marrying one wife Legal in front of the church/ state but still live with all the other "wife's"
      I have a issue when its a Cult when girls who are underage are forced by their lifestyle of their parents into multiplicity wife marriages. I agree that this show they seemed to be all consenting adults and that that DA was very full of himself
      • Sara
        Sara 3 mths ago
        You can't go by just what you see on the show. That's not the real picture of what goes on in that family.
    • Sue
      Sue  •  Baldwin, Wisconsin  •  3 mths ago
      the "unmarried" wives and kids qualify for welfare, food stamps, fafsa grants for school, healthcare, etc that we ALL pay for. They also run up huge debt of one and then go bankrupt multiple times. Let them claim ALL of the adult income, and all take the credit hit when they go bankrupt. The taxpayers are paying for these insanely large families. Quit having 3 single moms and one married couple on taxes and when qualifying for welfare or grants.
      • Stephanie
        Stephanie 3 mths ago
        They are not on welfare.
      • Sue
        Sue 3 mths ago
        and you know this how ? Not just meaning the Browns -- there have been documentaries on this issue - I didn't just make it up. If they can support all without ANY help, grants, or bankruptcies then I don't care what they do -- I wouldn't want even 1/4 of that #$%$ Cody tho. No self-respecting woman would .
      • ChristinaH
        ChristinaH 3 mths ago
        If they would make this legal, then the women would no longer automatically qualify for these things. I am not a supporter of this lifestyle by any means. But it seems to me like these families are loving and educating their children. Many times they are raised with a stronger moral code than many that have a "normal" family. All of the women pitch in with childcare and support. In the Browns case, 4 of the 5 of them were working full or part time. That is, until they "came out", then they had to relocate. I am not saying that this is ideal, but the laws are actually making it easier for them to collect welfare.
    • Tseirpa
      Tseirpa  •  3 mths ago
      Why do we have laws? no law will have every single person in agreement about it, there will always be people who violate it and state they think its unfair. Someone will claim a law isnt really hurting anyone so they ignore it. So why so we bother? if the laws are not going to be enforced..
      • Henry Juhala
        Henry Juhala 3 mths ago
        This goes beyond whether there are laws and whether those laws are enforced. This is precisely about whether the laws at issue are constitutional or whether they are unconstitutional.
      • Tseirpa
        Tseirpa 3 mths ago
        The interpretation of the constitution changes with the political climate. No where in the constitution does it state that anyone has the right to marry. at all. .
        and religious freedom is only that the government will not make a law for or against a specific religion. They have not done so. They have defined a term-- Marriage to mean ( federally) as a union between one man and one woman and (in some states) as a union between two consenting adults.

        And again. There are ways to change the law if the majority of the people wish it to be changed. Legally. This family isnt trying to do that, in fact they are living in separate houses, with at least one "wife" getting social services. They have stated they are married, and since it is against the law, law enforcement has stated that they would investigate and if it was found they broke the law the law enforcement would do their job. Which means that if this man filed legal papers for marrying more than one of the women, then he could be charged with breaking the law. most likely they have not tried to legally marry, and are only trying to get their 15 min of fame and now money by suing law enforcement for trying to uphold the law. classy.
    • JOANNE
      JOANNE  •  Santa Ana, California  •  3 mths ago
      So what have they done to break any laws? Yes they say they are sister wives but he only legally married one of them. The rest of the "wives" were married in a non legal ceremony. So what if his "legal" wife allows him to sleep and live with other women and have children with them. It's not breaking the law. Now if he had legal married them, then that would be a different story. No one is forcing these people to live this life. They are not hurting anyone so leave them alone and go after the people commiting real crimes.
    • Alan
      Alan  •  Los Angeles, California  •  3 mths ago
      Multiple wives are fine as long as I don't have to pay for them. No welfare, medicaid, AFDC...
    • ekana
      ekana  •  3 mths ago
      How come no one makes a big deal out of his hypocrisy? He is demanding that we open our minds, change our collective way of thinking and accept HIS desire to live with multiple wives as if it's not dysfunctional yet he becomes infantile & jealous when one of his wives dares to mention other men! He becomes completely SHUT DOWN, closed off, and unwilling to discuss the mere notion of one of them dating or taking on another husband!
      From the look(s) on their faces in most recent episodes, I think its safe to say that his women may finally be catching on too.....
      They may still love him and are forever devoted to the children created out of this "alternate family" but the strain on their faces is almost palpable now.
      I think they're just about over his narcissistic attitudes and lifestyle too.
    • Pennies from Heaven
      Pennies from Heaven  •  Orlando, Florida  •  3 mths ago
      When can apply this simple principle: My freedom stop when someone else stops or start!
      If they are not harming anybody else and there is not a report of abuse and their children are not suffering for lack of attention... then not harm seems to be done, other than we (or some) individuals with different believes are feeling insecure, and only because of lack of knowledge!
      No one is the same, just look the statistics, divorce, abandonment, abuse, addiction, rape...
    • vlfouquet
      vlfouquet  •  Dallas, Texas  •  3 mths ago
      it not the issue of polygamy as no multi marriage or liecense has been issued by the civil authority. The issue is that under Utah laws any multiple residents living togother persume that they are married, so 1 man and multiple women living together is persume under Utah Laws that they are married, since no liecenses has been issued the anti poygamy laws dont appy so they go for bigamy which has been upheld in many cases where common law marriage are recognize, but usually only if the the common law person later gets married with liecense without first getting a divorce. The final decision will have bearing on all common law marriages.
    • George K Jr
      George K Jr  •  3 mths ago
      My objection to polygamy is mostly from believing that intimacy/closeness becomes challenged or made to play favorites with multiple spouses. But that's merely why I will not engage in such a relationship. I figure the legality shall be decided by the courts.
    • Detz
      Detz  •  3 mths ago
      After a 100+ years, this is NOW becoming an issue?!
    • Debyduz
      Debyduz  •  Philadelphia, Pennsylvania  •  3 mths ago
      What about a religion for multiple husbands? Call it "Who's your Daddy."
    • pandora
      pandora  •  3 mths ago
      No problem with consenting adults living life as they please however, the children have no say and at least one of the kids in this family has openly admitted she doesn't want to live a polygamous life.
    • Mushroom
      Mushroom  •  3 mths ago
      If a polygamist family could truly show itself, I would have no concern about it. There is a real question about who is forced to pay for these families. How many children and births can one family pay medical bills for?
      If a number of consenting adults share homelife together, I might think it a bit strange. Most men have a problem maintaining life with one woman or vice versa.
      The facts are that crime (physical and sexual abuse ,statutory rape, of young women being forced to marry pedophiles) are serious problems in these cult communities that form little communes. The children have no recourse or contact with any other adults or officials in cases where they are being abused.
      I have difficulties with the Almish being allowed to keep their kids ignorant by limiting them from getting at least a High School Education. There are physical and sexual abuse issues in this community and others like them. Marriages are forced by communal standards and shunning. It is not uncommon for young women to be forced into marriages with older widowers that need a new nanny/daddy sex partner.
      These kids/young adults leave this community with no education and no support network. When they reach out for help, they are shunned (ignored by entire community). The only job skills they posess are geared toward farming, furniture making, seamstress (for women) or agriculture.
    • Jimmy
      Jimmy  •  Louisville, Kentucky  •  3 mths ago
      I think that TV has turned to crap. All of these so-called "reality" shows are ridiculous. This show, the Crabdashians, Jersey bores etc. are crap. They corrupt the young minds that watch them. Teen mom's makes it look ok for kids to have kids. Heck, when is the last time that MTV (MUSIC television) actually showed a music video?? TV is pitiful any more.
    • Tracy
      Tracy  •  3 mths ago
      This family isn't hurting anyone, they aren't living in a secluded cult-like environment, their children are well cared for and loved, no one is trying to marry off under-aged children to grown men, and they seem like a happy family. I have watched this show from day one because I was really curious about this whole mentality, and to try to understand why any woman would agree to it. I would never do it, but they are all consenting ADULTS who understood what they were getting into from day one. They don't even feel that their children have to have polygamist marriages if they don't want to. They understand that it's not right for everyone. They wanted to be in this lifestyle, and believe it to be part of their religion. I do not agree with their lifestyle, but that doesn't make them bad people. With all the other things that need to be dealt with in this country it seems rather silly to waste time and tax payer money breaking up a happy family. Leave them alone and let them live the life they have chosen to live.
    • furnaceman
      furnaceman  •  Pittsburgh, Pennsylvania  •  3 mths ago
      First let me state that im a firm beliver of a marrage being between one man and one woman period that also means because its my religious stance that gay marrage is wrong also but under our goverment it is the right of every citizen to belive in there owen religion whether i agree with thim or not and if its gays or poligamy as long as they are all consenting of age adults and it is there religious and cultural belifes there entitaled to it . Jesus didnt come to condem the sinner but to save him so our job as christians is to share the word pray for them in acordance to the word but the ultimate choice is theres its called free will they have the right to belive as the wish . Personaly after 20 years of marrage i have a hard time dealing with the wife i got wouldnt want more thats for sure l.o.l.
    • TOM
      TOM  •  3 mths ago
      I don't understand why I can't marry 5 women but I can live with 5 women and that's not illegal.
    • CJ
      CJ  •  3 mths ago
      Does he get to claim all 29 dependents on his taxes? That would be some refund.
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