The suit seeks the reversal of an 1879 U.S. Supreme Court decision upholding a federal ban on polygamy. In the case, George Reynolds, personal secretary to early LDS leader Brigham Young, was prosecuted for practicing polygamy.

Barnard believes recent judicial decisions, including a 2003 ruling by the Supreme Court against Texas anti-sodomy laws, have changed the climate such that the time is right to challenge the polygamy ban.

"In the last hundred years, the United States Supreme Court's analysis of religious issues has changed," Barnard said. "And under the current analysis, we believe we have a chance of getting Reynolds overturned."

Shurtleff disagreed. The Texas case, he said, dealt with "what occurs in the bedroom, period. It did not deal with a marital relationship that impacts society, brings children into the mix and so forth."

The plaintiffs are identified in court documents by first initials and last names only. Barnard declined Monday to identify them further or allow them to speak with the news media as a way, he said, to "avoid the Tom Green situation."

Green, an outspoken polygamist from Juab County who has appeared extensively in the media, was convicted of bigamy and child rape in May 2001. He has served nearly two years of his five-years-to-life sentence at the Utah State Prison.

"By doing this and keeping the personalities out of it . . . hopefully we'll deal only with the legal issue," he said.

Barnard did say the married couple is in their 60s and the third woman in her late 40s. They are deeply religious people, he said, though he was unsure if they attended a particular church on a regular basis.

The case has been assigned to U.S. District Judge Ted Stewart.

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E-MAIL: awelling@desnews.com