I am still in Salt Lake City, but we have had a great number of inquiries on yesterday’s hearing in the Sister Wives case. The two motions for summary judgment were argued with the state presenting its case through lead counsel Jerry Jenson and my presenting the case for the Brown family. Judge Clark Waddoups was obviously well-versed in the record and asked probing and fair questions to both sides. He has now taken the case under review for a final decision on the merits. I prefer not repeat or comment on statements in court from either myself or the judge. A few articles from the hearing are linked below.
As lead counsel, I must remain circumspect about any public comments. We remain hopeful and committed to the case regardless of the outcome. Regardless of that outcome, Judge Waddoups has given us a full and unbiased hearing. He previously ruled in our favor on two critical motions regarding standing and mootness (here and here). He will now have to rule on two cross motions for summary judgment. Our complaint challenged Utah Code Ann. § 76-7-101 (West 2010) under seven constitutional claims, including due process, equal protection, free speech, free association, free exercise, the establishment of religion, and 42 U.S.C. § 1983.
I felt that we were given ample opportunity to present our case and arguments before Judge Waddoups. We must now wait and hope for the best. We have received a lot of calls about the next step. That will depend on the decision itself, obviously. Either party will have the opportunity to appeal any final ruling or seek reconsideration if they choose to do so. The appeal would go to the United States Court of Appeals for the Tenth Circuit.
Frankly, I will be sad not to come back to Salt Lake City on the case because I truly love this city. It is extremely well run and the people could not be nicer.
Here is the last filing in the case: Brown.Opposition.Summary Judgment.FinalMaster