'Sister Wives' family wins case as polygamy ban ruled unconstitutional
Kody Brown and his four wives are best known for starring on TLC’s Sister Wives, but the family has also been battling a long-standing legal case. Yesterday, the Browns’ attorney, Jonathan Turley, announced that the final decision of United States District Court Judge Clarke Waddoups came down in favor of the Brown family.
As Turley wrote on his blog, “Previously, Judge Waddoups handed down an historic ruling striking down key portions of the Utah polygamy law as unconstitutional. Only one count remained: the Section 1983 claim that state officials (notably prosecutor Jeffrey R. Buhman) violated the constitutional rights of the Brown family in years of criminal investigation and public accusations. He has now ruled for the Browns in what is now a clear sweep on all counts.”
Essentially, the Browns, who had previously had to leave their home in Utah, can now be both plural and legal in the state. “The Court struck down the provision as violating both the free exercise clause of the first amendment as well as the due process clause,” Turley wrote. “The court specifically struck down language criminalizing cohabitation—the provision that is used to prosecute polygamists.”
And in regards to the Attorney General potentially appealing the case, Turley said, “We are prepared to defend this and the prior ruling in Denver, Colorado before the United States Court of Appeals for the Tenth Circuit.”
Kody Brown issued the following statement on behalf of his family: