August 28, 2014
Ban on Opposite Sex Polygamy in Utah Ruled Unconstitutional: Same-Sex Monogamy Remains On Hold
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It's official, polygamy is now legal in Utah, however if you'd like to have more than one same-sex spouse, you'll have to wait for a United States Supreme Court Ruling.
The Associated Press reports that a federal judge in Utah issued a final ruling Wednesday that strikes down parts of the state's anti-polygamy law in a lawsuit filed by the family that appears on the TV show "Sister Wives."
U.S. District Judge Clark Waddoups ruled in favor of the stars of the TLC reality show in December, but he held back on a final ruling as he weighed whether Kody Brown and his four wives could collect attorneys' fees.
Waddoups ruled in their favor on that issue Wednesday, capping a landmark decision for the family that sued Utah in 2011 after a county prosecutor threatened to charge them following the premiere of the TV show.
Waddoups had ruled that a provision of Utah's law forbidding cohabitation violated the Browns' freedom of religion.
The practice of polygamy in Utah dates back to the early Mormon settlers who believed in "plural marriage." Although the mainstream Mormon church banned polygamy in the late 19th century, there are still fundamentalist Mormons who believe that having more than one wife brings exaltation to heaven.
In December 2013, Utah's ban against monogamous same-sex marriage was ruled unconstitutional by U.S. District Judge Robert Shelby. A stay was put in place on January 6, 2014 by Supreme Court Justice Sonia Sotomayer. During that 17-day period, over one thousand same-sex marriages were performed.
According to the LA Times, in July, the U.S. Supreme Court granted Utah's request for a stay in an appellate court ruling, allowing the state to avoid -- at least for now -- having to recognize about 1,300 same-sex marriages performed after its ban on such unions was struck down in late 2013.