With a handful of court rulings over the past century upholding the constitutionality of Utah's ban on polygamy, those who choose to contest the prohibition face "an insurmountable hurdle," a federal judge said Wednesday.
With that, U.S. District Judge Ted Stewart dismissed a lawsuit brought last year by three Utahns — a married couple and the man's would-be second wife — challenging the state's bigamy law and seeking a court order directing the issuance of a marriage license for the man and second woman.
The Supreme Court's ruling in Lawrence v. Texas, he said, cannot be read to require the state to give "formal recognition to a public relationship of a polygamous marriage."
"Contrary to plaintiffs' assertion, the laws in question here do not preclude their private sexual conduct," the order says. "They do preclude the state of Utah from recognizing the marriage . . . as a valid marriage under the laws of the state of Utah."
Thursday, February 17, 2005
Polygamy Challenge Fails:
From Deseret News: