JONATHAN TURLEY

As some of you know, today was the day on which both sides in the Sister Wives case were to file cross motions for summary judgment to establish whether the state’s criminalization of cohabitation is constitutional. This evening we have filed a roughly 80 page motion and brief challenging the anti-bigamy law on seven distinct constitutional and statutory grounds. Rather than file a summary judgment motion arguing the merits of constitutionality of the state law, however, the prosecutors have filed a declaration with the Court that they promise not to prosecute the Brown family for polygamy and have decided to end the investigation that has been ongoing for years. They further state that, in light of this lawsuit, they have adopted a new policy not to prosecute any plural family absent the commission of a collateral crime like child abuse. They are asking United States District Court Judge Clark Waddoups…

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