Tag Archives | Eugene Volokh

Sister Wives Will Get Their Day In Court, Maybe

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Welcome to the slippery slope, or so you might think. The Salt Lake City Tribune reports that polygamous TLC reality show performers Kody, Robyn, Christine, Meri, and Janelle Brown have successfully beat back Utah’s attempt to have their suit over the state’s anti-bigamy law tossed as non-justiciable:

Utah state attorneys argued the “Sister Wives” suit should be dismissed after a prosecutor pledged not to prosecute them for bigamy, but U.S. District Judge Clark Waddoups disagreed. In his Friday ruling, Waddoups wrote that a new Utah County Attorney’s Office policy to avoid prosecuting consenting adult polygamists in the future seems to have been ploy to avoid the suit.

The “strategic attempt to use the mootness doctrine to evade review in this case draws into question the sincerity of [the Utah County Attorney’s]contention that prosecution of plaintiffs for violating this statute is unlikely to recur,” Waddoups wrote.

That means Judge Waddoups believes this case isn’t already moot.… Read the rest

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