"Judges are held to a higher standard," Winchester said. "Our society demands that those who sit in judgment of others conduct their personal and professional lives in an appropriate manner. We do not want them to degrade or demean the judicial office they hold."

Steed's attorney Rodney Parker points out that both the Utah attorney general and Washington County attorney were informed of Steed's bigamy, and both declined to prosecute him.

The JCC also said a judge who commits a crime lowers public esteem for that particular judicial office and, in doing so, reduces the public esteem and effectiveness of the entire judiciary.

Parker, on the other hand, said Steed's exercise of his constitutional rights cannot legitimately be described as lowering the esteem of his office. He said the case is one that involves the constitutional guarantees of liberty, freedom of conscience and freedom of association.

However, Parker argues in another case, and refers to that one briefly in Steed's defense, that Utah adopted its anti-polygamy constitutional provision under duress in order to obtain statehood.

The argument is, Parker said, that the requirement that polygamy be prohibited was imposed on Utahns under pressure to get statehood and puts Utah on a different footing than other states when it comes to its ability to control its internal affairs regarding the institution of marriage.

"The constitutional ban does not create a crime. It merely prohibits the state government from recognizing polygamous marriages as civil marriages," Parker said. "Bigamy was made a crime by the Legislature."

Parker argues that Utah's bigamy law violates the equal protection clauses of the U.S. and Utah constitutions. "Under the liberty provisions of the constitution, this type of private behavior is protected," Parker said.

"Essentially it has to do with the classification of people who choose to have relationships like that, classifying them based on whether they label the relationship marriage or shacking up," Parker said. "The bigamy statute, which criminalizes 'purporting to marry,' singles people out for different treatment based on that label. We have some statutory argument as to what the word 'marry' means."

Bigamy laws exist, Parker said, to prevent individuals from being duped into deceptive relationships. But in this case, Parker said Steed's second and third wives, both of whom were adults at the time of their religious ceremonies, knew the situation and acknowledged their relationships would not be recognized as marriages by the state.

Another provision of Utah's bigamy law forbids cohabitation, but Parker said that legal language is extremely vague.