A federal judge in Utah issued a final ruling striking down a part of the state’s polygamy ban as unconstitutional on Wednesday.  US district judge Clark Waddoups ruled in December that a section of Utah law that prohibits “cohabitation” violates the Constitution’s religious freedom and privacy protections. He reaffirmed this decision in his Wednesday ruling, in which he also provided attorney’s fees to the plaintiff, Kody Brown, a star of TLC reality show Sister Wives.  “The decision brings closure for our family and further reaffirms the right of all families to be free from government abuse,” Brown said in a statement on his lawyer’s website. “While we know that many people do not approve of plural families, it is our family and based on our religious beliefs. Just as we respect the personal and religious choices of other families, we hope that in time all of our neighbors and fellow citizens will come to respect our own choices as part of this wonderful country of different faiths and beliefs.”  The mainstream Mormon church has a strict ban on polygamy, but some fundamentalist sects believe plural marriages are necessary to achieve the highest exaltation in heaven. This includes the Mormon offshoot sect Apostolic United Brethren, which Brown and his family are members of.  “The decision is unfortunate in that the judge did not take seriously the ramifications of polygamy, which are the the oppression of women and children – it’s just the way the system works,” said Marci Hamilton, a professor at Cardozo School of Law. “Partly, Utah is to blame because they did a lousy job of presenting the evidence of the effects of polygamy and the way that the system operates.”  Hamilton said she believes it is unlikely that Waddoups’ ruling will be upheld if it is brought to an appeals court. Utah attorney general Sean Reyes had said earlier that the state would appeal the decision.  Reyes’ office said in a statement on Wednesday that it is reviewing the ruling and will decide whether to appeal one or several parts of the decision in the next few weeks. “It is important to legally assess the ruling’s scope and how it will impact future litigation,” the office said.  The Brown family’s attorney, Jonathan Turley, said he would defend the decision on appeal in a blog post on his site in which he applauded the judge’s ruling. “His decision in this case required a singular act of courage and principle as the first court to strike down the criminalization of polygamy,” Turley said. “In doing so, Judge Waddoups reaffirmed the independence of our courts and stood against open prejudice and hostility toward plural families.”
Judge ruled section of law violates constitution’s religious freedom protections in case brought by TV star Kody Brown