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Federal judge strikes down part of Utah’s ban on polygamy
KSTU ^ | 8/27/2014 | BEN WINSLOW AND MARK GREEN

Posted on 08/27/2014 7:11:19 PM PDT by markomalley

A federal judge declared a portion of Utah’s polygamy ban unconstitutional late Wednesday, essentially decriminalizing polygamy in the state.

U.S. District Court Judge Clark Waddoups ruled the phrase in the law “‘or cohabits with another person’ is a violation of the Free Exercise Clause of the First Amendment to the United States Constitution and is without a rational basis under the Due Process Clause of the Fourteenth Amendment.”

The ruling comes in a lawsuit filed by reality TV polygamist Kody Brown and his wives, who left Utah fearing prosecution. They sued the state, arguing that the ban violated their right to freely practice their religion.

The ruling follows a similar order in December of last year that the judge took back while he decided the issue of damages. In the order, Judge Waddoups did preserve the phrases “marry” and “purports to marry” to “save the statute from being invalidated in its entirety.”

The judge also awarded financial compensation to the Brown family.

Read the ruling here:

(Excerpt) Read more at fox13now.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; US: Utah
KEYWORDS: moralabsolutes; romneyagenda; romneymarriage; romneypolygamy
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To: EternalVigilance

I can’t wait for the Mormons’ class action against the federal government for violation of their constitutional rights since the mid-1800s. I am sure they are owed hundreds of billions.


21 posted on 08/27/2014 7:55:56 PM PDT by kaehurowing
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To: henkster

We hear that the vacuum cleaner may have some good mating potential?


22 posted on 08/27/2014 7:56:21 PM PDT by faithhopecharity ((Brilliant, Profound Tag Line Goes Here, just as soon as I can think of one..) n)
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To: Sherman Logan

I’ve followed the FLDS and I’ve followed Jim Jones’ career as well. Human beings do a lot of very destructive things. We even have liberals where I live.

I’m not in favor of cohabitating. I just don’t see how you would enforce this law. You see a guy rooming with two or more women. Now what?

Polygymy (no successful society has ever practiced anything, but polygyny - one man married to many women- in all of recorded history) is coming. If homosexuality is natural and normal than how do you hold back the slew of other mental illnesses manifested via human sexuality?


23 posted on 08/27/2014 7:57:11 PM PDT by 1010RD (First, Do No Harm)
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To: markomalley

A necessary ruling to further prepare America for the takeover by the islamonazis pouring in here every day now.


24 posted on 08/27/2014 8:00:44 PM PDT by faithhopecharity ((Brilliant, Profound Tag Line Goes Here, just as soon as I can think of one..) n)
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To: markomalley

A man an his horse (and his sheep) is next.


25 posted on 08/27/2014 8:00:47 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: kaehurowing

Actually, I think modern Mormons are quite opposed to polygamy, and find the history of it to be at the least an extreme embarrassment.

Those who still practice it in Utah, and there are quite a few, are completely shunned.


26 posted on 08/27/2014 8:01:20 PM PDT by EternalVigilance
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To: markomalley

We all knew this was coming.


27 posted on 08/27/2014 8:02:35 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: markomalley

pedophilia will be next


28 posted on 08/27/2014 8:03:21 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: EternalVigilance
They were required to put it in their state constitutions. That was the deal.

[shrug] No one care about such trifles anymore.

Note well: The government does not govern by the consent of the people. The government governs through the threat of the use of force. We live under a terror regime.

29 posted on 08/27/2014 8:03:57 PM PDT by ClearCase_guy ("Harvey Dent, can we trust him?" http://www.youtube.com/watch?v=HBsdV--kLoQ)
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To: All


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30 posted on 08/27/2014 8:06:48 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: EternalVigilance

I understand, but once some shyster lawyer sees dollar signs, there certainly will be a suit for “discrimination” against Mormons, starting with the death of Joseph Smith.


31 posted on 08/27/2014 8:06:52 PM PDT by kaehurowing
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To: 1010RD

You have put your finger on the problem. If someone fathers illegitimate kids by ten different women that is perfectly legal. If he purports to marry them, however, and support the kids, that is a felony and he goes to prison.


32 posted on 08/27/2014 8:10:23 PM PDT by kaehurowing
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To: markomalley

Polygamy now? Let’s see... to judges: marriage = one man-two females or two guys one boy or a female and a tree or a boy and his wagon. (Yes when I was 5 I wanted to marry my Radio Flyer wagon).


33 posted on 08/27/2014 8:21:21 PM PDT by ExCTCitizen (I'm ExCTCitizen and I approve this reply. If it does offend Libs, I'm NOT sorry...)
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To: henkster

Well, cars maybe, I can see that, makes sense really.


34 posted on 08/27/2014 8:21:39 PM PDT by buwaya
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To: markomalley

BUMP


35 posted on 08/27/2014 8:25:20 PM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: markomalley

and of course, February-November marriages

what’s wrong with a 12 yr old marrying the man she loves? so what if he’s 50...love is all that matters

/sarc


36 posted on 08/27/2014 8:25:36 PM PDT by sten (fighting tyranny never goes out of style)
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To: markomalley

Damn. I hope my wife doesn’t try to talk me into taking in that ugly old maid cousin of hers.


37 posted on 08/27/2014 8:38:13 PM PDT by Jay Redhawk
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To: henkster

Pedophilia will be first on the list.


38 posted on 08/27/2014 8:50:13 PM PDT by RushIsMyTeddyBear (Illegals Are Getting Flat Screet TV's....NOT TB Screenings!)
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To: Vigilanteman

Well, yeah! NEVER in history has the union of two men or two women been regarded as marriage. Yet, polygamy was, if not the norm, very popular in many cultures throughout history as well as many cultures today.


39 posted on 08/27/2014 9:07:49 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: markomalley

and down the slippery slope we go.


40 posted on 08/27/2014 9:36:00 PM PDT by Cubs Fan (If you're on the same side of Ferguson as Al and Jesse, then you F-ed up somewhere. Rethink it dummy)
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