5 things to know about ruling on Utah bigamy law
SALT LAKE CITY (AP) — A landmark ruling from a federal judge in Utah striking down key parts of the state's polygamy laws handed a legal victory to polygamist families across the state — but the battle might not be over.
U.S. District Judge Clark Waddoups said in the decision handed down Friday that a provision in Utah's bigamy law forbidding cohabitation with another person violated the First Amendment, which guarantees the freedom of religion.
The ruling was cheered by Kody Brown and his four wives, who star in the hit TLC cable TV reality show "Sister Wives," and other fundamentalist Mormons who believe polygamy brings exaltation in heaven. The Brown family filed their lawsuit in July 2011 and fled Utah for Las Vegas last year under the threat of prosecution.
FILE - In this undated file photo provided by TLC, Kody Brown, center, poses with his wives, from left, Janelle, Christine, Meri, and Robyn in a promotional photo for TLC's reality TV show, "Sister Wives." Advocacy groups for polygamy and individual liberties on Saturday, Dec. 14, 2013, hailed a federal judge's ruling that key parts of Utah's polygamy laws are unconstitutional, saying it will remove the threat of arrest for those families. The ruling was a victory for Brown and his four wives and other fundamentalist Mormons who believe polygamy brings exaltation in heaven. (AP Photo/TLC, Bryant Livingston, File)
Here are five key things to know about the ruling:
DOES THIS MAKE POLYGAMY LEGAL IN UTAH?
The ruling decriminalizes polygamy, but bigamy — holding marriage licenses with multiple partners — is still illegal, said Jonathan Turley, the Browns' Washington, D.C.-based attorney. Utah's law was considered stricter than the laws in 49 other states because of the cohabitation clause. If the ruling stands, Utah's law would be identical to most other states that prohibit people from having multiple marriage licenses. In most polygamous families in Utah, the man is legally married to one woman but only "spiritually married" to the others.
The Utah Attorney General's Office could appeal the ruling. Spokesman Paul Murphy said the office plans to thoroughly review it before making a decision, which could take several weeks. The office is being run by an interim attorney general, and a replacement has not yet been selected. "The new attorney general would want to weigh in on this decision," Murphy said. Gov. Gary Herbert says he's "always a little concerned" when the courts make public policy changes, and said his legal counsel would determine the ramifications of the decision. Turley said he's prepared to defend the decision on appeal.