UTAH, the Sister Wives and the Constitution

[Ohiogal]

What is the name of your state (only U.S. law)? Utah -- see up there in the title of the thread?

A decision has been handed down in the case of the cast of the TLC series Sister Wives vs. the State of Utah:
https://ecf.utd.uscourts.gov/cgi-bin/show_public_doc?211cv0652-78

The Sister Wives have won at this level.
The relevant portion of the holding which says that Summary Judgment has been granted to the Browns:

Accordingly, in Part II below the court finds the Statute facially unconstitutional and therefore strikes the phrase “or cohabits with another person” as a violation of the Free Exercise Clause of the First Amendment to the United States Constitution and as without a rational basis under the Due Process Clause of the Fourteenth Amendment, both in light of established Supreme Court precedent. As further analyzed in Part III below, after striking the cohabitation provision the Statute is readily susceptible to a narrowing construction of the terms “marry” and “purports to marry” to remedy the constitutional infirmity of the remainder of the Statute. The court also terminates as moot Plaintiffs’ Motion to Strike Defendant’s Cross-Motion for Summary Judgment. (Dkt. No. 60.)

In other words, the Browns have done nothing wrong by entering into one legal marriage (between Cody and Meri) and other emotional/religious marriages (Cody and each of the other women). That is NOT bigamy and the law saying it was violates the constitution and thus should be stricken.

While I may not agree with the Browns' lifestyle choices, cohabitating should not be illegal for them.

 

[mmmagique]

Unless the government is going to come into our bedrooms (and other recreational rooms! ) they have no way of knowing whether "co-habituating" is a polygamy thing or just a way of saving money. (unless the people get on tv and throw it in everyone's faces) I agree with the courts decision as well.

 

[Zigner]

Unless the government is going to come into our bedrooms (and other recreational rooms! ) they have no way of knowing whether "co-habituating" is a polygamy thing or just a way of saving money.

The bedroom has nothing to do with it. Polygamy is clearly defined. Sleeping with someone does not a spouse make.

 

[Eekamouse]

That's not what my man told me. You mean to say we ain't married and I did that bedroom stuff with him? I'm going to hell.

 

[OHRoadwarrior]

I wish over the years I had found more than girlfriends to supplement my marriage. I would have more than one loving person to help take care of me and take some of the load off my wife now. She actually made mention that she thinks one of my girlfriends received the best end of the deal, now being gone.

 

[Ohiogal]

The bedroom has nothing to do with it. Polygamy is clearly defined. Sleeping with someone does not a spouse make.

In Utah, it did according to the law. They defined polygamy as not only being LEGALLY married to more to one person but cohabitating with more than one person whom you considered spouses. The part of the law that dealt with the cohabitation does a spouse make has been stricken as cohabitation. That was the portion of the law they were using to investigate the Browns and consider bringing charges against them. Again, I don't agree with the whole sister wives' idea (not my idea of a marriage) but I do not believe they should be persecuted or prosecuted for it when they were NOT LEGALLY (governmentally) married. The other marriages are RELIGIOUS beliefs. Let them have it. It hurts no one.

 

[Zigner]

In Utah, it did...

Past tense

 

[Eekamouse]

Pedophiles like Warren Jeffs are what turns the concept of polygamy into something terrible and immoral. Polygamy is not my idea of what marriage should be but to each their own, I guess.

 

[TigerD]

Wisdom is knowing that anything I reply with on this thread will be used against me by either my wife or someone else.

So I will merely smile and say, "Oh, that's an interesting case. I wonder how it will all play out."

DC

 

[Ohiogal]

Pedophiles like Warren Jeffs are what turns the concept of polygamy into something terrible and immoral. Polygamy is not my idea of what marriage should be but to each their own, I guess.

The Browns (yes I DVR the show) distance themselves from Jeffs and have stated he is a child molestor and NOT what they believe.

 

[Ohiogal]

Past tense

Yes. Did is past tense. This case made it past tense. Until, of course, the government appeals and the Utah Supreme Court chimes in. Then, we will see.

 

[RRevak]

I wish over the years I had found more than girlfriends to supplement my marriage. I would have more than one loving person to help take care of me and take some of the load off my wife now. She actually made mention that she thinks one of my girlfriends received the best end of the deal, now being gone.

Girlfriends I can deal with, but the idea of another "wife" in the house no way. I am my husbands only wife and feel that is my place and should be my place alone. To have multiple wives makes me feel that it trivializes the idea of marriage, like it loses some of what makes marriage sacred. But i'm odd when it comes to that sort of thing.

And i'm glad this family prevailed. What they do within the confines of their religious beliefs should be in no way the business of the state as long as it isn't hurting anyone. They seem happy (or at least the show makes them seem happy), their children seem well adjusted and ok with their lives, and everyone seems to be working together to maintain as much normalcy as possible given their non-traditional family unit. That's far more than many many other traditional families can say these days.

 

[ecmst12]

Of course only the legal wife has rights and protections if it comes to a breakup. Which makes the other "wives" pretty foolish, if you ask me. But since they didn't ask me, they should be free to live however they choose to live.