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Family portrayed in TV show "Sister Wives" takes polygamy ban to court

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February 7, 2012

Utah: One family is taking Utah to court for its ban on polygamy. The stars of the TV show "Sister Wives" attempted to sue Governor Gary Herbert, Attorney General Mark Shurtleff and Utah County Prosecutor Jeffrey Buhman, claiming that the state law upheld by this triumvirate violates the family's right to due process, equal protection, free exercise of religion, free speech and freedom of association. Judge Clark Waddoups, of the United States District Court for the District of Utah, believes the family has a case, although he removed the state executives from the suit. The Attorney General specifically was removed since there is a slim chance he would prosecute the family, since he "has a policy of not prosecuting adult polygamists as long as they're not committing other crimes."[1]

Judge Waddoups allowed the suit against the Buhman to stand, since he has given the perception that charges may one day be filed against the family. In his opinion, Waddoups wrote that the perception of being accused of a crime hampers the individuals First Amendment rights. The prosecutor has not commented on the ruling of Waddoups.[1]

Polygamy was forbidden by the Latter Day Saints (Mormon) church in 1890, leading to Utah's acceptance as a state in 1896.[2]

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