Green's conviction is upheld by ruling

The Utah Supreme Court upheld Friday the constitutionality of the state's bigamy statute and, in doing so, affirmed the convictions of polygamist Tom Green.

The unanimous court denied Green's claims that the law infringes on his First Amendment right to practice his religion, finding it does not specifically target polygamists.

"Utah's bigamy statute does not attempt to target only religiously motivated bigamy," Justice Jill Parrish wrote in the 28-page opinion. "Any individual who violates the statute, whether for religious or secular reasons, is subject to prosecution."

And although the opinion does note the statute has "an adverse impact on those wishing to practice polygamy as a tenet of their religion," the court said that was not enough to prove a First Amendment violation.

Assistant Attorney General Laura Dupaix, who argued the case before the court in December, said Friday's opinion is a conclusive statement that bigamists cannot rely solely on religion as a defense in violating the law.

"I think there's no question that the free exercise claim is dead, unless they can get the U.S. Supreme Court to look at it," she said.

Green's attorney, John Bucher, had not read the opinion Friday afternoon. However, he said he was surprised by the outcome and intends to appeal it to the nation's high court.

"It's got to be appealed. It can't stand," Bucher said.

The U.S. Supreme Court accepts only about 1 percent of all cases it is petitioned to hear. In that sense, Dupaix said, it's unlikely the justices will ever address Green's situation.

"Whether or not they'll take it, I don't know," she said. "But the issue is a pretty important one from a policy standpoint . . . because it goes to the institution of marriage."

Green, 55, was convicted of four counts of third-degree felony bigamy in May 2001 and was sentenced to four concurrent zero-to-five-year terms in prison. He is scheduled to be paroled in August 2007.

An avowed polygamist, Green has fathered some 30 children with nine women. Prior to his imprisonment, Green lived with his wives and children in Juab County in a collection of mobile homes dubbed "Green Haven." State investigators became aware of Green's polygamist lifestyle after he appeared on various national television programs and discussed his living arrangements.