July 13, 2011

It begins?

Saw this article via Sharon from CSPT: Polygamist, Under Scrutiny in Utah, Plans Suit to Challenge Law.

Kody Brown is a proud polygamist, and a relatively famous one. Now Mr. Brown, his four wives and 16 children and stepchildren are going to court to keep from being punished for it.

The family is the focus of a reality TV show, “Sister Wives,” that first appeared in 2010. Law enforcement officials in the Browns’ home state, Utah, announced soon after the show began that the family was under investigation for violating the state law prohibiting polygamy.

On Wednesday, the Browns are expected to file a lawsuit to challenge the polygamy law.

Making polygamous unions illegal, they argue, violates the due process and equal protection clauses of the 14th Amendment, as well as the free exercise, establishment, free speech and freedom of association clauses of the First Amendment. (Link.)

They are not demanding that the state recognize polygamous marriage. Nevertheless, can that be far behind? Consider what yours truly wrote right here at your favorite blog, Colossus, about one year ago:

Actual quote from the judge's ruling today overturning California's Proposition 8: “Gender no longer forms an essential part of marriage.”

I've repeatedly opined here and elsewhere that if gay couples (in civil unions or "marriage") aren't allowed to get the same state benefits as straight couples, it seems like a pretty clear-cut violation of the 14th Amendment's equal protection clause. But that's not what Judge Walker has said. He said the above. (The full text of the ruling is here.) But ...

... if that's the case, what is to prevent some judge from claiming "The number involved in a relationship no longer forms an essential part of marriage"? Or some other manifestation thereof?

Stay tuned.

Posted by Hube at July 13, 2011 10:45 AM | TrackBack

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