A federal district court judge has again struck down a portion of Utah’s ban on polygamy, in a case involving the real-life family of TLC’s “Sister Wives” reality show.
Last year in an historic decision, federal district court Judge Clark Waddoups struck down Utah’s ban on polygamy — only to rescind his decision. Today, Judge Waddoups again struck down Utah’s ban on polygamy, citing both the First and Fourteenth Amendments.
The plaintiffs in the case are the real-life TV family in TLC’s “Sister Wives” reality TV show. “Kody Brown and his four wives–Meri, Janelle, Christine and Robyn–along with their 16 children,” as their Facebook page reads.
In today’s ruling, Judge Waddoups writes that the ban on polygamy “is facially unconstitutional in that the phrase ‘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.”Â
Judge Waddoups, a graduate of Brigham Young University and the law school of the University of Utah, was nominated by President George W. Bush and confirmed in September, 2008.
Distinguished attorney Jonathan Turley, often seen on CNN, argued for the plaintiffs. He notes that today’s ruling gives the Brown family “a clear sweep on all counts,” and specifically addresses “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.”
“On behalf of the Brown family and the legal team,” Turley writes, “I must thank Judge Waddoups who has shown incredible fairness and integrity throughout this case. His decision in this case required a singular act of courage and principle as the first court to strike down the criminalization of polygamy. In doing so, Judge Waddoups reaffirmed the independence of our courts and stood against open prejudice and hostility toward plural families.”
Utah Republican Attorney General Sean Reyes, who is fighting to retain his position in the November election, will likely appeal the case to the United States Court of Appeals for the 10th Circuit. Reyes has also mounted an expensive full-frontal attempt to defend Utah’s same-sex marriage ban.
FOX 13 News’ Ben Winslow tweeted the news:
BREAKING NEWS: Federal judge officially rules, striking down part of #Utah‘s ban on polygamy. @fox13now #utpol
— Ben Winslow (@BenWinslow) August 27, 2014
.@seanreyesag has told me he was ready to appeal polygamy ruling to the #10thCircuit Court. @fox13now #utpol
— Ben Winslow (@BenWinslow) August 27, 2014
Here is the full ruling, via Winslow:
Â
Image via Facebook
Â
Previously on The New Civil Rights Movement:
Polygamy And Marriage Equality — Are They The Same Fight?
‘Bombshell’ Polygamy Ruling Reveals ‘The Left’s Dirty Little Secret’ Says Perkins
Â