January 14, 2014 4:59:15 am
There was no fist-pumping or wild celebrations by the polygamous family that stars in the TLC reality TV show Sister Wives when a federal judge in Utah struck down key parts of the state’s polygamy laws.
In an interview, Kody Brown and his four wives said they felt humbled and cried when they heard in mid-December that the judge had ruled in their favour in a lawsuit they brought against Utah in July 2011 after they fled the state for Las Vegas under the threat of prosecution.
“The first thing I thought about was all those families that for 100 years had lived and loved in obscurity, just in secrecy,” said Kody Brown in a telephone interview from Las Vegas. “Not being able to claim their family or openly love one another.”
Kody and his wives — Meri, Janelle, Christine and Robyn — said they hope the landmark ruling stands and enables other polygamous families in Utah to live openly without fearing prosecution.
“It’s been incredible not having to live in fear anymore and being able to fully claim who we are,” said Christine Brown, Kody’s third wife.
The Utah attorney general’s office has not yet decided if it will appeal the ruling, said spokesman Ryan Bruckman. The state’s new attorney general, Sean Reyes, has been in office for less than two weeks. Jonathan Turley, the Browns’ Washington, DC-based attorney, said he’s been told Utah will appeal. He said that he’s eager to defend the ruling before the 10th US Circuit Court of Appeals.
US District Judge Clark Waddoups said in the decision handed down on December 13 that a provision in Utah’s bigamy law forbidding cohabitation with another person violated the First Amendment of the US Constitution, which guarantees the freedom of religion. The ruling decriminalises polygamy, but bigamy — holding marriage licenses with multiple partners — is still illegal. 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.
There are an estimated 38,000 fundamentalist Mormons who practice or believe in polygamy, most living in Utah and other Western states. Polygamy is a legacy of the early teachings of the Mormon church but has no place in modern Mormonism, church officials said in a statement. The Salt Lake City-based Church of Jesus Christ of Latter-day Saints abandoned polygamy in 1890 as part of a successful campaign for US statehood and it strictly prohibits the practice for its 15 million members worldwide.
Though some have correlated the Browns fight to decriminalise polygamy with efforts to legalise gay marriage, the Browns don’t see the two as being the same. Kody Brown said, “What we’ve been looking for is simply to live free and to be able to live our religion without the threat of prosecution.” The family says they never intended to challenge Utah’s polygamy law in court when they decided to do the show.
One of the most infamous polygamists, Warren Jeffs, is serving a life sentence in Texas for sexually assaulting two underage girls he considered his brides. Jeffs still rules a sect of fundamentalist Mormons on the Utah-Arizona border from jail.
The Browns now live in four new houses in a Las Vegas cul-de-sac. That’s where TLC films episodes of the show, which debuted in 2010. But despite this, Kody Brown said they miss living in their large house in Utah. In fact, they miss Utah dearly. They fled in January 2011 after local prosecutors opened a criminal bigamy investigation after the first episodes of the TV show aired. The hardest part about living in Las Vegas, they said, is not being able to worship with their fellow Mormons. They hope to someday return to Utah, but said they aren’t considering that move yet.
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