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First recorded activity by BoatBanter: Oct 2011
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Default Whew!

Sanctity of Marriage Preserved!


No charges to be filed in Utah 'Sister Wives' case


SALT LAKE CITY (AP) – Criminal charges will not be pursued against a
polygamous family made famous by the reality TV show Sister Wives, a
Utah prosecutor wrote Thursday in federal court filings.

The case against Kody Brown and his four wives — Meri, Janelle,
Christine and Robyn — stars of the TLC show, has been closed, Utah
County Attorney Jeff Buhman wrote in a motion seeking to have a lawsuit
against his county dismissed.

Brown moved his wives and 16 children from Lehi, about 30 miles south of
Salt Lake City, to the Las Vegas area in January 2011 after Utah
authorities launched a bigamy investigation.

The Browns then sued Utah County along with Utah's governor and attorney
general, claiming the state's bigamy statute violates their
constitutional rights to due process, equal protection, free exercise of
religion, free speech and freedom of association.

A federal judge later dropped the state from the case but allowed it to
continue against the county.

U.S. District Judge Clark Waddoups said he dismissed Gov. Gary Herbert
and Utah Attorney General Mark Shurtleff because Shurtleff had assured
the Browns they wouldn't be prosecuted under his policy that consenting
adult polygamists won't be charged as long as they're not committing
other crimes.

However, Waddoups noted that the Browns had reason to believe they could
still face prosecution in Utah County, and agreed it could have a
chilling effect on their ability to practice their constitutional rights
in the state.

Buhman wrote in his Thursday motion that his county, too, had adopted
the same state policy and would not pursue bigamy cases unless there was
evidence of a victim or fraud.

"The criminal case against the Browns is closed and no charges will be
filed against them for bigamy unless new evidence is discovered which
would comport with the office's new policy," Buhman wrote.

The Browns' attorney Jonathan Turley said he was pleased that charges
wouldn't be filed but noted the family didn't plan to drop the lawsuit,
claiming state law remained "blatantly unconstitutional."

"I want to express our great relief for the Brown family that this
long-standing threat has been finally lifted," Turley said in a
statement. "The family has spent years being publicly denounced as
felons by prosecutors and had to move to Nevada to protect their family
and children."

- - -

That smell in the air is...hypocrisy.
 
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