Brown Family To File Challenge To The Criminalization of Polygamy In Utah

As reported by The New York Times and National Public Radio, I will be traveling to Salt Lake City today to file (on Wednesday) a challenge to the Utah statute criminalizing bigamy and cohabitation. The lawsuit will be filed on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.

The lawsuit will be filed in federal court in Salt Lake City on Wednesday and we will be available for questions at 1 p.m. outside of the courthouse.

The Plaintiffs are Kody Brown, Christine Brown, Janelle Brown, Meri Brown, and Robyn Sullivan.

As in past cases, I will have to be circumspect in what I say after the filing of this action. However, we are honored to represent the Brown family in this historic challenge,” said Professor Turley. “We believe that this case represents the strongest factual and legal basis for a challenge to the criminalization of polygamy ever filed in the federal courts. We are not demanding the recognition of polygamous marriage. We are only challenging the right of the state to prosecute people for their private relations and demanding equal treatment with other citizens in living their lives according to their own beliefs. This action seeks to protect one of the defining principles of this country, what Justice Louis Brandeis called ‘the right to be left alone.’ In that sense, it is a challenge designed to benefit not just polygamists but all citizens who wish to live their lives according to their own values – even if those values run counter to those of the majority in the state.

The following is the statement from Kody Brown, which will be the only statement at this time on the filing:

Statement of Kody Brown:

“There are tens of thousands of plural families in Utah and other states. We are one of those families. We only wish to live our private lives according to our beliefs. While we understand that this may be a long struggle in court, it has already been a long struggle for my family and other plural families to end the stereotypes and unfair treatment given consensual polygamy. We are indebted to Professor Turley and his team for their work and dedication. Together we hope to secure equal treatment with other families in the United States.”

We will post the complaint as soon as it is docketed by the Clerk of Court.

Jonathan Turley

156 thoughts on “Brown Family To File Challenge To The Criminalization of Polygamy In Utah”

  1. Gene H., 🙂 (…and “mule” should have been plural in one of my previous comments, but that leads me to think about multiple mules for the taking… best to quit while one is ahead… or behind… or whatever… Clearly in need of sleep…)

  2. I enjoyed watching “Start Trek Enterprise” which featured a “Denobulan” character which practiced “polyamory”, which was typical on his planet.

    The true value of science fiction is that it provides an opportunity to explore ideas that would be outrageous in today’s here-and-now world, but in the contrived future where anything is possible we get to come face-to-face with some disquieting scenarios.

    Basically this boils down to the fact that what’s good for the goose is good for the gander too. Any man that craves multiple wives should naturally expect each of those wives to have multiple husbands as well. This leads to a “family” with not just lots of kids, but lots of brother-in-laws and sister-in-laws too.

  3. anon nurse,

    I’m sure you are right. I’ve always been of the opinion that once you start looking outside the species for dates, that’s probably a good indication that you should really just stop dating altogether. It clearly isn’t working out for you in that scenario no matter the gender.

  4. “That’s his mule Jenny.”

    Thanks Gene,

    My astigmatism’s been acting up lately. No typo I just read it wrong. My apologies to Mr. Horsley. Though either way, if she/he makes you happy,
    Mazel Tov!

    Perhaps though I’ve gone too far and will now be considered an enemy of PETA. So I’ll say it isn’t animal cruelty as long as the mule has an orgasm.

  5. When I saw the title, I thought it was “Litle (sic) Jenny the Mini Mule Gets …”
    Naked… Turns out she’s getting “raked”… (It was a long night at work…and it messes with the mind… 🙂 )

  6. Gene H.,

    lol… Jerry, Jenny… By the time one turns to mule… well, I’m not sure that it would make much of a difference…

  7. Mike S.,

    That’s his mule Jenny. I’m sure it was just a typo but you wouldn’t want Neal to become even more confused by adding homosexual marriage into his already confused false equation. 🙂

  8. Mike Spindell 1, July 12, 2011 at 4:35 pm

    Neal Horsley jr,,

    If Jerry floats your boat, I wish you two well.

    ——-

    So do I… 🙂

  9. stardustcloud:

    Your points are well taken. But in the event the courts were to throw out the ban on polygamy, your concerns could be dealt with legislatively, and undoubtedly would be.

  10. Polly G. Amist,

    I am devoted to one woman as a preference not an ethic, but as I’ve stated I wish the Browns well too. My question to you and please understand it is in no way a disparagement, is why don’t more people in your community come out and back them? They seemingly have taken on the fight of the polygamous community alone. I know there are many thousands of polygamous families in the US, why not band together, because right is on your side?

  11. Treelow,

    I’ve no doubt they are good, loving parents and probably one big happy family. Mr. Brown, however, strikes me as egotistical and his wives as too subservient to his egotism. Not my particular cup of tea, but i wish them well in their fight, I’m just no longer interested in their TV show.

  12. It’s about time. Now I can marry my one true love, my mule Jenny.

  13. How is the Brown family different from Hugh Hefner and his multiple girlfriends all living together? This isn’t about legal marriage. It’s about the State trying to criminalize the private living arrangements of consenting adults.

  14. I don’t care if you wish to marry your sisters, the problem is that only one of them files a “married” status in their Tax return, the other 6 or 10 (with 6 to 10 children) who wish not to work, cheat the system by claiming a “single parent” therefor – Food Stamps – Welfare and many other government resources are drained by these Mormon Cults. Unless they willing to change the tax code regarding this type of groups, I will say that it is wrong and not fair to all hard working tax payers

  15. I rather like the wording Catullus chose.

    Never having watched the program, I have no comment on the personalities involved other than to agree with Catullus on the principle.

  16. “It seems, to the casual observer at least, that the US Constitution broadly advocates for civil liberty.”

    You’d think that, wouldn’t you? And yet in case after case after case, the highest court in the land repeatedly says that’s not so.

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