I will be the first to admit that I struggle with the whole idea of polygamy, I just don't get it. But I will also admit that my POV is biased in the sense that I can't completely get past the abuses - ie Warren Jeffs. With that in mind though, it boils down to one thing, as noted above, "states can no longer use criminal codes to coerce or punish those who choose to live in consensual but unpopular unions."The family of Kody Brown on Wednesday answered Utah's appeal to reinstate a ban on polygamy, and the family's brief is notable for what's there now that wasn't before.The Browns' attorney Jonathan Turley wages many of the same arguments that were successful in the lower court. But now Turley also cites recent rulings affirming same-sex marriage.That includes the U.S. Supreme Court case of Obergefell v. Hodges, in which the court upheld the fundamental right of same-sex couples to marry, and Kitchen v. Herbert, the case that brought same-sex marriage to Utah. Turley also cites a Supreme Court case that decriminalized all gay sex as sodomy, Lawrence V. Texas."From the rejection of morality legislation in Lawrence to the expansion of the protections of liberty interests in Obergefell, it is clear that states can no longer use criminal codes to coerce or punish those who choose to live in consensual but unpopular unions," Turley wrote in his answer to Utah's appeal.
What makes this case interesting from a legal standpoint, it has nothing to do with polygamy per se. The Browns' are not seeking legal recognition for the multiple spouses. There are no laws concerning age of consent being broken or challenged. And finally, everywhere but Utah, their living arrangement is perfectly legal. This is about whether Brown can live with multiple woman in Utah as he could anywhere else in the country. Hence the 14th Amendment challenge.
'Sister Wives' family points to same-sex marriage cases in arguing against Utah polygamy ban | The Salt Lake Tribune
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