Today the briefs of the Brown family arrived at the Denver courthouse in the Sister Wives case now before the United States Court of Appeals for the Tenth Circuit. (The actual electronic filing was made the night before under the federal ECF system). I continue to serve as lead counsel to the Brown family in their successful challenge of the criminalization of polygamy in Utah. Last year, United States District Court Judge Clarke Waddoups issued the final decision striking down the cohabitation crime used against polygamist in Utah. The State has appealed to the federal court of appeals in Denver and below is our defense of that decision by Judge Waddoups. I want to thank my friend and local counsel (and GW Alum) Adam Alba and all of the students who have worked so hard on this case over the years. This brief benefited from the assistance of Patrick Fenior and Emily Hoyle as well as assistance from GW grad (and my local counsel in the Al-Timimi case) Thomas Huff and my assistant Seth Tate.
We will let the brief speak for itself, but we are eager to present our case in oral argument before the Tenth Circuit. District Court Judge Waddoups made our task all the easier with a brilliant and powerful opinion (discussed and attached here) in defense of the rights of privacy, religious freedom, and due process. (and here) Defending his opinion before the Tenth Circuit is great privilege as is the representation of the Brown family, which has shown tremendous patience and grace throughout this long litigation. While we remain surprised by Utah’s effort to curtail the religious freedom and due process rights protected under the decision, we remain both confident in our position and committed to this case. It is a great honor to defend these constitutional rights and we are prepared to do so as far and as long as it takes to prevail in the litigation.
We waited to post the brief until after we confirmed receipt today. The final version is linked below.
We do not currently have a date for oral argument but I will post the date when it is available. The government has 14 days to file an optional response with the Court.
Jonathan Turley
Lead Counsel
I suspect Robin is informed about other polygamous groups. I think they, the wives, were all raised in polygamous families and probably know of other situations not as stable or conducive to a happy life as their own.
Robin, bless her heart, was so tender hearted that she cried in I believe each of the 4 or 5 episodes that I watched.
I’ve often wondered what would happen if Robin visited one of the charities to help the Lost Boys. If they explained to her how the math works in these societies, and what the mathematical result would be for the boys if this lifestyle spread. I wonder if she would rethink how wonderful polygamy was.
Women can have very close friendships, talk about their problems, support each other in times of need, and watch each other’s children, all without sleeping with each other’s husbands. The benefits of polygamy, as they described it, sounded a lot like the benefits of having best girl friends. Which doesn’t have require sharing your husband’s bed with other women to get that close bond.
Ah Karen you too watched a realty TV show? That’s nice to know. I see now that your comment is about the women in Saudi Arabia, poor things. I think the Browns are quite modern and as you know the wives don’t seem to be under his thumb, they’re quite outspoken.
TinEar:
In order for Robin’s children to get his benefits, he had to divorce his first wife, Merry, and legally marry Robin. He’s only allowed to legally marry one wife, as far as benefits are concerned.
I don’t care if people have affairs, or the man sleeps with a bunch of women who call each other Sister Wives, as long as everyone is a consenting adult and the kids are free to leave that lifestyle when they grow up.
Not my business.
I disagree with Utah’s cohabitation law, and support Professor Turley’s fight against this ridiculous invasion of privacy.
I agree with the government not legalizing polygamy. The Browns are free to live together, the women all sharing the same husband and stuffing down their feelings of jealousy and frustration at only having 1/4 a husband, while he’s showered with 4 times the attention. They have the freedom of religion to sleep with whomever they want, and live with whomever they want. As long as the government does not legalize this as a legitimate form of marriage, which would have a significant impact on the benefits system and perhaps spread this lifestyle, which studies show is statistically unhealthy for women and children, then I’m okay with it.
I am aware that Robin was a divorcee. I’ve watched several episodes of the show.
If you read my link, it involved a global study, and the problem with divorcees was in reference to Saudi Arabia.
“Narcos” on Netflix, not Norco. Excellent so far.
* theater*
There are people who read books, watch documentaries, watch series on PBS, Netflix and Amazon Prime and watch an occasional reality show. I don’t think that it’s wise to categorize those who do watch occasional realty shows as being uninformed or limited in some way. I’m currently reading three books, just finished watching The Crimson Fields on PBS and do get to take in a movie or the tester on occasion.
selfhelp, i didn’t think about the health insurance coverage issues. I’m sure Obamacare will take care of their needs!!
I prefer PBS. Netflix has an excellent new series starting, “Norco” about Pablo Escobar. It’s odd to think that no one else has Netfix or Amazon Prime. Most people don’t feel the need to brag about what series the watch on TV.
Polygamy is inherently wrong. However, in a free society, government should have no say in the relationships between competent, consenting adults, so long as the results of that relationship do not affect anyone else. If a dozen men and fifty women want to form a group marriage, then so be it, as long as nobody else has to pay the bill. For example, one “spouse” going to work where health insurance is involved and expecting the employer to also cover the other 60+ people, and there’s a problem with welfare for the children from such a union, because there’s likely to be a whole lot more of them with less likelihood that there would be enough adults in employment that contributes enough in taxes to cover the welfare. Government should get out of the marriage business altogether.
Tin, I’m like yourself. We’re not these snobby liberals who say they don’t own a TV. But, every year I watch less TV. On commercial TV, I mostly watch sports and some news, but less and less. The TV I watch is paid/streaming. There was a time for about 20 years where I was working 80 hour weeks and missed some great series. In the past couple years I’ve watched The Wire, Deadwood, Breaking Bad, and now we’re into Six Feet Under. We also watch a lot of documentaries. Watched one about Ginger Baker the other night. What a mad man! Amazing he’s still alive.
Nick: I was wondering the same thing…..where do they see these shows? I have cable t.v. (admittedly one of the low budget packages), but I’d never heard of this show….I mostly read history books and work on my property, so maybe that’s it. The only t.v. I watch is Forensic Files and a few of the DIY home improvement programs.
I don’t know, Annie, you might want to consider it. A few extra husbands to help out around the house……Also, think of how those Utah “patriarchs” would freak out, at the idea of a woman having 4 husbands!
I have to admit, maybe I’m abnormal. When people talk about all these reality shows most of the time I’ve never heard of them. Just today on the Judge Brown, I never heard of the guy. I never heard of the Duggars until the feces hit the fan. Maybe reading books which is what I prefer is passe?
“I don’t think I could ever live in a polygamous relationships.” My tongue is bleeding.
Someone seems obsessed w/ reality TV religious people, and religion in particular. Just sayn’. Maybe there’s some money to be maid. Duggar, Sister Wives, Duck Dynasty, etc. dolls, playing cards, the money making opportunities appear limitless. Although I have never seen any of these shows[I have a life], they do seem to touch something missing in people’s lives. To each their own.
Also Kody Brown had already brought Robin, the last wife into the family a couple of years before he and the first wife ( the legal one) got divorced. I got interested in this family because Professor Turley was representing them and decided to watch the show.
The first wife, Meri, is the one standing next to the last wife (the one with the dark hair). She appears to be smiling.
Tin Ear, I have no idea just how happy this family really is, time will tell. It’s not up to me to pass judgment on them unless they do something to harm their children and so far it looks as if they haven’t. They don’t set themselves up to be the ideal family as the Duggar’s did. One gets a view of the disagreements inside the family when watching the show.