Judge Cites Same-Sex Marriage in Declaring Polygamy Ban Unconstitutional

 

 

In a game-changer for the legal fight over same-sex marriage that gives credence to opponents’ “slippery slope” arguments, a federal judge has now ruled that the legal reasoning for same-sex marriage means that laws against polygamy are likewise unconstitutional. 

In his 91-page opinion in Brown v. Buhman, on Dec. 13, U.S. District Judge Clark Waddoups struck down Utah’s law making polygamy a crime. In so doing, he may have opened Pandora’s Box.

As a condition for becoming a state in 1896, Congress required Utah to outlaw polygamy, which is marriage between three or more persons. This case involved a family of fundamentalist offshoots of nineteenth-century Mormonism. The Church of Jesus Christ of Latter-Day Saints disavowed polygamy in 1890, and again in 1904, but some splinter groups continue the practice.

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