The Debate of Immorality And Illegality Gears Utah Bigamy Law

Any ordinary American would find it completely logical when a law prohibits bigamy or polygamy but the situation might be very different for Mormon fundamentalists. Mormon fundamentalists are known for their polygyny (having more than two wives) beliefs and are believed to live in large number in Utah, United States of America. Though one branch of the fundamentalists no more acknowledge polygamy but it is discarded as an action to merge with the mainstream America.

 

There have been many demonstrations pertaining to this issue which aim to justify the belief. The famous case of Brown v. Utah is based on the same issue (The copy of the motion can be accessed at:http://www.scribd.com/doc/101171482/Sister-Wives-state-s-motion-to-dismiss-for-mootness-053112). Kody Brown is the husband in the family which consists of his four wives. This family fled from Utah in the hope to decriminalize polygamy in the state of Utah and return home some day.

 

As per Section 101, Chapter 7 of Utah Criminal Code (accessible at: http://le.utah.gov/UtahCode/chapter.jsp?code=76), bigamy is a third degree felony. It is a crime that is punishable by imprisonment as well as fine. The suit by Kody Brown and family is to declare this law unconstitutional. It is claimed that their constitutional rights to equal protection, freedom of religion, freedom of speech and expression and freedom of association have all been violated by the laws criminalizing polygamy.

 

Paul Murphy, spokesman for Utah Attorney General Mark Shurtleff, said “It is not protected under religious freedom because states have the right to regulate marriage”. The court has left very little to be interpreted in this case. It was said that the motive of the law was not to prosecute polygamous people. Consenting adults should be allowed to decide on this issue and Utah State will not prosecute such couples unless the act of polygamy coincides with other offences like incest, rape, under age marriages, etc.

 

For example, in another case of Warren Jeffs was convicted for sexually abusing two of his under aged wives. Looking through the mirror of sexual assault even the strictest of Mormon fundamentalists would agree to punish such an act.

 

Pup, a commoner, expressed his feelings about Kody Brown issue by saying “Just leave Kody and his wives alone if they aren't hurting anyone. They are paying taxes and living by the law. Give Kody some credit at least he is marrying woman in his age and not going after little 12- 16 year old girls like Warren Jeffs.” His comment represents the sentiments of a chunk of American population who can draw a line between immoral and illegal.