B
ben_dy
Guest
This seems to be a case that could really get interesting…
signonsandiego.com/news/nation/20051101-1433-wst-polygamousjudge.html
It would likely be prudent for the Utah Supreme Court to rule in favor of the judge, although writing the opinion might be tricky. If they make a ruling against allowing the man to keep his seat, they will surely be opening the door for a test case in the USSC. While the USSC surely could simply deny a writ of certiorari or uphold a lower courts decision without comment, the idea that it could end up as a case to be decided by the USSC is certainly worth considering. A number of years ago Sandra Day O’Conner made a comment to the effect that if a case in favor of polygamy based upon the right of free exercise of religion were brought before the USSC today, it would likely receive a favorable ruling.
If polygamy were decriminalized, it’s unlikely that the SLC LDS church would revert to the doctrine of yore only because of Official Declaration 1; however it would be interesting to see what the response would be for more conservative members of the church who continue to vie OD1 not so much a revelation but a matter of discipline and advice. Could cause a flurry of excitement in Utah - and it’s also interesting to note that the original charge was brought not by any law enforcement division (who have been instructed not to arrest or prosecute based upon bigamy) but rather by advocacy group of former polygamous wives - Tapestry Against Polygamy - which resulted in a 14-month investigation by the Utah Judicial Conduct Commission and the resulting finding that the judge was breaking, not upholding, the laws of Utah and this made him unfit to serve in a judicial capacity.
His lawyer gives a terrific summation of what’s at stake -
signonsandiego.com/news/nation/20051101-1433-wst-polygamousjudge.html
It would likely be prudent for the Utah Supreme Court to rule in favor of the judge, although writing the opinion might be tricky. If they make a ruling against allowing the man to keep his seat, they will surely be opening the door for a test case in the USSC. While the USSC surely could simply deny a writ of certiorari or uphold a lower courts decision without comment, the idea that it could end up as a case to be decided by the USSC is certainly worth considering. A number of years ago Sandra Day O’Conner made a comment to the effect that if a case in favor of polygamy based upon the right of free exercise of religion were brought before the USSC today, it would likely receive a favorable ruling.
If polygamy were decriminalized, it’s unlikely that the SLC LDS church would revert to the doctrine of yore only because of Official Declaration 1; however it would be interesting to see what the response would be for more conservative members of the church who continue to vie OD1 not so much a revelation but a matter of discipline and advice. Could cause a flurry of excitement in Utah - and it’s also interesting to note that the original charge was brought not by any law enforcement division (who have been instructed not to arrest or prosecute based upon bigamy) but rather by advocacy group of former polygamous wives - Tapestry Against Polygamy - which resulted in a 14-month investigation by the Utah Judicial Conduct Commission and the resulting finding that the judge was breaking, not upholding, the laws of Utah and this made him unfit to serve in a judicial capacity.
His lawyer gives a terrific summation of what’s at stake -
This is going to be, I think, one of those pivotal rulings with full effects not to be realized until such time as it does, or does not, reach the USSC. It’s certainly worth keeping an eye on!Steed’s attorney, Rod Parker, contends Utah’s bigamy statute is being unfairly applied and that at stake are constitutional issues of privacy, liberty and freedom of conscience and religion.