A federal judge in Utah has decided in favor of Kody Brown, a fundamentalist Mormon, and his four "wives" (in quotes because he is not legally married to all of them) against the state of Utah, declaring its statute criminalizing cohabitation unconstitutional.
This case seems to have a somewhat checkered history:
Today's decision reaffirms his original ruling and grants damages to the plaintiffs.
What I find funny about it is -- well, read the statement from Brown's family (emphasis mine):
As you might expect the "Christians" of the religious right had fits when the original decision was handed down. They're taking the decision as legalizing polygamy, which of course it does not, and you'll note that the judge was very careful to leave Utah's marriage statute basically intact. These are, of course, the same people who insist that bakers, florists, etc., have a right to "religious freedom" when refusing their services to same-sex couples.
I read this story and laughed out loud, which is not something I usually do. (Actually, my initial reaction was "OMG! Next they'll be legalizing same-sex marriage!")
Here's the ruling:
U.S. District Court Judge Clark Waddoups ruled the phrase in the law “‘or cohabits with another person’ is a violation of the Free Exercise Clause of the First Amendment to the United States Constitution and is without a rational basis under the Due Process Clause of the Fourteenth Amendment.”
This case seems to have a somewhat checkered history:
Last December the same judge first ruled in favor of the cast of the TLC reality show Sister Wives, who sued the state over the portion of the law that criminalizes polygamy-style "religious cohabitation." He later rescinded that ruling only to reinstate it today.
Today's decision reaffirms his original ruling and grants damages to the plaintiffs.
What I find funny about it is -- well, read the statement from Brown's family (emphasis mine):
The entire Brown family is gratified and thankful for this final ruling from Judge Waddoups. The decision brings closure for our family and further reaffirms the right of all families to be free from government abuse. While we know that many people do not approve of plural families, it is our family and based on our religious beliefs. Just as we respect the personal and religious choices of other families, we hope that in time all of our neighbors and fellow citizens will come to respect our own choices as part of this wonderful country of different faiths and beliefs. We hope that Attorney General Reyes will see this as a victory of us all in defending the freedom of religion and other rights in our precious Constitution.
As you might expect the "Christians" of the religious right had fits when the original decision was handed down. They're taking the decision as legalizing polygamy, which of course it does not, and you'll note that the judge was very careful to leave Utah's marriage statute basically intact. These are, of course, the same people who insist that bakers, florists, etc., have a right to "religious freedom" when refusing their services to same-sex couples.
I read this story and laughed out loud, which is not something I usually do. (Actually, my initial reaction was "OMG! Next they'll be legalizing same-sex marriage!")
Here's the ruling:
Polygamy ruling in Utah by Ben Winslow
No comments:
Post a Comment