Federal judge strikes down Utah law on polygamy, citing precedent on homosexual affairs

December 16, 2013

A federal judge has struck down major portions of a state law banning polygamy in Utah, saying that it is unconstitutional for the state to regulate sexual conduct within a household.

In a 91-page decision in the Brown v. Buhman case, issued on December 13, Judge Clark Waddoups uphold the state law against polygamous marriages, and ruled that Utah could punish residents who sought multiple marriage licenses. But he said that the state cannot take action against polygamous groups whose members live together without contracting multiple marriages.

Cohabitation does not constitute marriage, Judge Waddoups ruled. In reaching his decision he cited the precedent set by the 2003 Lawrence case, in which the US Supreme Court ruled that laws against sodomy in Texas were unconstitutional because they allowed for “unwarranted government intrusions into a dwelling or other private places.” The state has no legitimate interest in the sexual activities of a man who lives with multiple female partners, the judge said.

 

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Further information:

• Federal judge declares Utah polygamy law unconstitutional (Salt Lake Tribune)
• A Utah Law Prohibiting Polygamy Is Weakened (New York Times)
• Judge Cites Same-Sex Marriage in Declaring Polygamy Ban Unconstitutional (Breitbart)