December 15, 2013 Comments Off on A Utah Law Prohibiting Polygamy Is Weakened
A Utah Law Prohibiting Polygamy Is Weakened
By JOHN SCHWARTZ
Published: December 14, 2013
A federal judge has struck down parts of Utah’s anti-polygamy law as unconstitutional in a case brought by a polygamous star of a reality television series. Months after the Supreme Court bolstered rights of same-sex couples, the Utah case could open a new frontier in the nation’s recognition of once-prohibited relationships.
Judge Clark Waddoups of United States District Court in Utah ruled late Friday that part of the state’s law prohibiting “cohabitation” — the language used in the law to restrict polygamous relationships — violates the First Amendment guarantee of free exercise of religion, as well as constitutional due process. He left standing the state’s ability to prohibit multiple marriages “in the literal sense” of having two or more valid marriage licenses.
Judge Waddoups, who was appointed by President George W. Bush, wrote a 91-page decision that reflects — and reflects upon — the nation’s changing attitude toward government regulation of personal affairs and unpopular groups. The Supreme Court supported the power of states to restrict polygamy in an 1879 decision, Reynolds v. United States.
Judge Waddoups made clear that the Brown case was not an easy one for him, writing, “The proper outcome of this issue has weighed heavily on the court for many months.” He noted the shifts in the way the Constitution has been interpreted over the past century to increase protection for groups and individuals spurned by the majority….