Stars of a reality television show is using the landmark U.S. Supreme Court decision legalizing same-sex marriage across the nation to justify their right to exercise polygamy.
Kody Brown and his four wives-- Meri Brown, Janelle Brown, Christine Brown, and Robyn Sullivan-- stars of TLC reality show “Sister Wives,” is suing the state of Utah for its polygamy ban, arguing that the state’s ban on polygamy is a violation of their right to practice their religion. They also argue that their television show affirms that polygamous marriages can thrive and are as healthy as monogamous marriages.
"The Browns were investigated and no crimes or harm was found in their plural family," Jonathan Turley, the attorney representing the Brown family, wrote in court documents, according to the AP.
The Brown family filed the lawsuit with the 10th U.S. Circuit Court of Appeals on Wednesday, August 26.
“This case is about criminalization of consensual relations and there are 21st century cases rather than 19th century cases. It is clear that states can no longer use criminal codes to coerce or punish those who choose to live in consensual but unpopular unions,” said Turley in the filing.
In December 2013, U.S. District Court Judge Clark Waddoups ruled in the Brown family’s favor, overturning key parts of Utah’s ban on polygamy.
Utah Attorney General Sean Reyes, however, appealed the ruling, asserting that “polygamist communities are rampant with sexual abuse of children and women” so the state has a “rational basis, and compelling interest, in averting the social harms associated with polygamy and polygamist practices.”
The polygamous family is asking the appellate court to uphold the December 2013 ruling.
The Church of Jesus Christ of Latter-day Saints banned polygamy in 1890. The Brown family, on the other hand, is a member of the Apostolic United Brethren, a church that upholds the practice of polygamy.
