Today, Kody Brown, the polygamist at the centre of reality TV’s ‘Sister Wives’, has at least part of his day in court, as he seeks to prevent his case against some of Utah’s key prosecutors being thrown out. The prosecutors are trying to say Mr Brown doesn’t have ‘standing’, as no-one has been prosecuted for polygamy alone in 50 years in Utah, except that the Associated Press did a quick search and found a couple that the prosecutors appeared to have missed. More here.
Oral arguments will be heard today, but it is not yet clear when Judge Waddoups will issue any ruling.
See comment from the Brown’s lawyer, Professor Jonathan Turley here, and his specific submission that they are not asking for Utah to breach its Enabling Act (whereby it was only able to become a State on condition that polygamy would always be prohibited) here.