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The case, filed after the show's popularity prompted a
criminal investigation into whether star Kody Brown was
illegally married to four women, drew international attention
and raised questions about whether the state could bar
consenting adults from living together as a family.
Polygamy is illegal in all 50 states. But Utah's law is unique
in that a person can be found guilty not just for having two
legal marriage licenses, but also for cohabiting with another
adult in a marriage-like relationship when already legally
married to someone else.
Brown is legally married to one of his wives, and "spiritually"
married to the others.
In 2013, U.S. District Judge Clark Waddoups struck down part of
the state's law, saying it criminalizes intimate relationships
among consenting adults.
But the U.S. Court of Appeals for the 10th Circuit overturned
that ruling on Monday. The court said because the Browns had not
actually been charged under the law - and the state said it
would not prosecute multiple marriage cases unless there were
allegations of fraud or criminal activity - the case was moot.
"Federal courts are courts of limited jurisdiction," the court
wrote. "They lack power to decide issues - however important or
fiercely contested - that are detached from a live dispute
between the parties."
Utah is the headquarters of the Church of Jesus Christ of
Latter-day Saints, or Mormons, which abandoned polygamy in 1890
as Utah was seeking statehood. Some sects and breakaway groups,
however, follow the early doctrine of plural marriage.
The Brown family and their 17 children are members of the
Apostolic United Brethren, a Utah-based church which follows a
plural marriage doctrine.
The family's attorney, legal scholar Jonathan Turley, said in a
blog post Monday he would appeal the decision.
"The Brown family is obviously disappointed in the ruling but
remains committed to this fight for the protections of religion,
speech and privacy in Utah," Turley wrote.
But Utah Federal Solicitor Parker Douglas said the state had a
legitimate interest in prosecuting abuses that can arise in
polygamous relationships.
Shortly after Waddoups struck down the law, a woman alleged that
her polygamous husband had shunned her and planned to "sell"
their daughter and a niece, and he was not able to use the
bigamy law in prosecution, Douglas said.
(Reporting by Sharon Bernstein; Editing by Leslie Adler)
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