Bigamy law debated

Justices with the Utah Supreme Court questioned Thursday whether state prosecutors should use Utah's bigamy statute to go after polygamists — a key law used to go after those who practice the controversial way of life.

Justices have also called into question whether the passage in Utah's constitution banning polygamy, should be revisited, given modern changes in attitudes toward various kinds of sexual relationships.

In a lengthy hearing, the attorney for former Hildale police officer Rodney Holm, who was prosecuted for taking his 16-year-old sister-in-law as his third "spiritual" wife, argued before the state's high court that prosecutors are selectively targeting polygamists using the bigamy statute because of their religious beliefs.

"Non-religious actors are not targeted by law enforcement by this law," said attorney Rodney Parker, pointing to the various residents who live in non-married relationships. "Holm is not seeking legal recognition of his relationship or change the institution of marriage."

Parker said Holm, who is a member of the Fundamentalist Church of Jesus Christ of Latter-day Saints — a polygamist group lead by Warren Jeffs — believes it is his constitutional right to practice his religion, which includes plural marriage.

The 32-year-old officer took his 16-year-old sister-in-law, Ruth Stubbs, as his third wife in December 1998. Holm was eventually convicted in 2003 on two counts of unlawful sexual intercourse with a minor and one count of bigamy.

Assistant Attorney General Laura Dupaix argued it was clear, in the Utah Supreme Court's own ruling in the appeal of polygamist Tom Green, that those who try to establish a "marital" relationship with more than one person run afoul of Utah's bigamy statute.

However, justices said the biggest difference between Green and Holm was that Green was found to have been legally married to two women at the same time. In Holm's case, he never sought a legal marriage with Stubbs, although he was legally married to his first wife, justices noted.

Prosecutors have used Utah's bigamy statute to prosecute those who practice plural marriage. Utah's bigamy law uses cohabitation, or living together as husband and wife, as a standard for prosecution. Three other states, Rhode Island, Colorado and Texas, have similar laws.

However, Chief Justice Christine Durham said simply living together does not constitute a crime. Durham also cited the recent U.S. Supreme Court ruling, Lawrence vs. Texas, which struck down the state's sodomy laws, as evidence that the state cannot regulate private sexual relationships.