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  State: Dismiss "Sister Wives" Lawsuit

Salt Lake Tribune, Polygamy Blog
By Lindsay Whitehurst September 11, 2011

http://www.sltrib.com/sltrib/blogspolygblog/52530936-191/utah-law-state-attorney.html.csp

Not surprisingly, attorneys for the attorney general, governor and the Utah County attorney want the suit challenging Utah's polygamy law dismissed.

Here's my story, and the full motion to dismiss. And here's the original lawsuit from July.

They've gone with the argument that the Browns don't have legal standing to challenge the law. That was always going to be a serious hurdle for the family - they aren't facing any criminal charges, and they don't even live in Utah anymore.

What's interesting is the way the AG's office has gone about it. The state argues the Browns shouldn't be able challenge the law because not only are they not facing criminal charges, but neither are the state's 30,000 or so polygamists — as long as they aren't committing any other crimes.

It's AG Mark Shurtleff's policy not to go after consenting adult plural marriages. He seems to have only stated publicly what had been the state's practice for decades.

"... there have been no arrests or prosecutions for the mere practice of polygamy in Utah in over 50 years," according to the motion written by assistant Utah Attorney General Jerrold Jensen.

So the AG's office seems to be saying the law can't be challenged because, at least for consenting adults, it isn't being enforced. Interesting positon.

 
 

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