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Tuesday, January 13, 2004

FEDERAL LAWSUIT CHALLENGES POLYGAMY BAN: From the Deseret Morning News

Three Utahns filed a federal lawsuit Monday seeking to overturn a century-old ban on polygamy, claiming the prohibition against taking plural spouses violates their constitutional rights.

The trio--a married couple and the man's would-be second wife--applied for a marriage license last month through the Salt Lake County Clerk's Office but was denied on the grounds that plural marriages are illegal in Utah.

The lawsuit alleges the denial violates the plaintiffs' First Amendment rights, saying they were simply trying to practice their "sincere and deeply held religious beliefs."

"It's an important issue. . . . Polygamy has defined the history of Utah," said Brian Barnard, the trio's attorney. "The fact of the matter is that people engage in polygamy for legitimate religious reasons, and it should be protected."

...There is no official tally, but some experts say as many as 100,000 people from a variety of religious backgrounds practice polygamy, primarily in the West

Polygamy is banned in the Utah Constitution. Bigamy, being married to more than one person at a time, is outlawed and is a third-degree felony punishable by up to five years in prison.

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