A federal court of appeals dismissed a lawsuit filed by a polygamist reality show "Sister Wives" family challenging the polygamy ban law in Utah. Court stated, the state cannot be sued because the family has never committed crimes and has no evidence they were prosecuted.
According to WKYC.com, the 10th Circuit Court of Appeals rejected Kody Brown and his family's federal lawsuit Monday that seeks to decriminalize polygamy in Utah. The federal appeals court said, the family did not actually face a threat of prosecution from Utah authorities. "The whole matter is "moot," and should be dismissed entirely," the court stated.
Brown and his family, which consist his four wives, Meri, Christine, Janelle and Robyn, and 17 children took legal action against the state of Utah and its local officials in his attempt to lift the ban. The plaintiff also claims they move to Nevada, which he calls being prosecuted by Utah authorities.
Despite having four wives, Brown is only legally married to one wife and the other three wives were all he claimed he "spiritually married", RT Question reported. The plaintiff alleges on his 2011 lawsuit, that his family was being investigated by the Lehi authorities since their reality TV show in TLC channel became popular. In 2012, Utah County Attorney testified he would prosecute them for polygamy unless they have committed crimes such fraud and abuse.
Despite the defeat on changing the law, the representing attorney for the family said, they were considering to make an appeal. Jonathan Turley stated, though disappointed in the ruling, "the family remains committed to this fight for the protections of religion, speech, and privacy in Utah," Fox 13 Salt Lake City quoted.
The 10th Circuit did not weigh the constitutional questions of the case because it found that the Browns did not have legal standing to sue. State prosecutors have a longstanding policy against charging consenting adult polygamists.
