Posted on 07/03/2004 9:35:05 PM PDT by AUH2OY2K
SALT LAKE CITY -- The attorney for a former police officer convicted of bigamy and illegal sex with an underage girl has filed a brief with the Utah Supreme Court arguing that polygamy is a constitutional right.
Rodney Holm, a former police officer in the polygamous community of Hildale, was found guilty in August and sentenced to serve a year in jail. In Story Ad
In a 115-page brief, attorney Rodney Parker wrote that monogamy was the minority way of life worldwide, and that critics of polygamy overstate its problems.
"Current demographics, domestic relations law, and religious diversity all accommodate plural marriage," Parker wrote. "Popular departure from traditional marriage has made our domestic laws on cohabitation and fornication anachronistic."
Holm's conviction stemmed from his union with a third wife, Ruth Stubbs, who was 16 at the time of the plural marriage performed by leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints.
Holm, who was 32 at the time, also is married to Stubbs' older sister, Suzie, and a second wife, Wendy.
In the brief, filed Wednesday, Parker argues that Mormon women in the past have consistently voted to retain multiple marriage -- rejecting a common claim that it amounts to women's enslavement.
However, prosecutors contend that there is no constitutional right to have sex with a minor, and they say polygamy can mean forced marriage and child spousal abuse.
Polygamy was part of the early beliefs of the Church of Jesus Christ of Latter-day Saints but was abandoned more than a century ago. The LDS Church excommunicates those who advocate it. This story appeared in The Daily Herald on page A1
The half wrong part is marrying minors. I don't know the law in Utah regarding marrying 16 year olds. It is accepted in a number of states with the consent of the Court or parents of the minor.
That's right. Traditionally, having sex with a minor was not a problem IF the minor(s) in question was/were married.
Polygamy is about older men hiding behind religion to obtain very young, vulnerable women.
And we all expected this after what the Mass SC did...and The USSC did with the Texas case....Don't be surprised if this guy wins with the gutless wonders in black robes
The penalty for having two wives: Two mothers-in-law.
Good one.
I think this is a good thing. The more they push gay marriage etc., these kind of lawsuits theoretically have the same wacko legitimacy. What say you Sandra Day?
I guess gay marriage wasn't much of a political issue back then, but you think someone would have objected to that sort of thing.
Marriage With Parental Consent is, however, 16..
I think the question here is whether the girl herself gave consent, or was just "married off" to this guy..
Otherwise, the question of law seems to ride on the issue of polygamy, and nothing else..
Not so fast. From the article; " Holm, who was 32 at the time, also is married to Stubbs' older sister, Suzie
That would be a single mother-in-law, in most cases, but we are talking about a family of polygamist, it may be several mothers-in-law with each marriage.
He's right. There's no constitutional objection to polygamy if gay marriage is legal. After all if some form of family union is permissable whose is to say any other kind is not? By supporting SSM, the Left has opened a Pandora's Box that can't be closed.
If I explicitly said how much I agree with you, my post would get likely deleted. Let's just say that it's a lot. More than just a little.
Keep at it.
Calling Judge Marshall (Mass, New York Times), .....
Wouldn't "the right to peaceably assemble" apply here?
Bring'um young.....
Recently Ireland was forced to deal with polygamy issue when a Pakistani Muslim immigrated (among many), with a wife and several kids. Once in, he demanded they let him bring in his first wife and six or eight more kids. Ireland will lose its identity, but I guess that's the whole idea.
I forgot to add that the Pakistani polygamist immediately went on the dole, with all his wives and kids.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.