Barnard also argued that the civil bans against polygamy — a clause within the state constitution and the Enabling Act of 1894, which allowed Utah to achieve statehood by forever shunning polygamy — specifically target one group of people and therefore fail to achieve neutrality as required by law.

Stewart agreed Tuesday, noting that the purpose of the legislation "was to end the practice of polygamy by the Mormon Church."

The question, then, is whether Stewart should look at the intent or the application of the prohibitions when deciding if they are neutral.

Jensen said the law is applied today to people of all, and no, religions and is therefore neutral. Barnard, however, said all recent polygamy prosecutions have targeted those with strongly held religious beliefs.

"The fact of the matter is that polygamy in Utah is practiced by religious people for religious reasons, and the statute is aimed at them," he said.

In his clients' case, Barnard said, full exercise of their religion requires that they practice polygamy. "The practice of plural marriage is required, in this lifetime, to the attainment of eternal salvation."

Stewart took the matter under advisement.

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E-mail: awelling@desnews.com