In other states, bigamous cohabitation is not a crime, but it is illegal to purport to marry a second person, he said. An individual who marries another spouse in another state could be prosecuted for purporting to marry, but not for cohabitation.

"In Utah, you can be prosecuted for the bigamous cohabitation without reference to the 'purporting,' " Parker said. "To have the statute set up this way gives the government the opportunity to selectively pick off people it doesn't like and yet leaves 99 percent of the people alone."

One thing both Parker and Winchester agree on is that this is purely a case about bigamy, and by extension, polygamy — but nothing else.

That is unlike other polygamy-related controversies that have been clouded by additional issues, such as allegations of welfare fraud, child abuse or tax evasion, as well as criminal prosecutions for charges such as sex with a minor.

In Steed's situation, no one is claiming he has done anything wrong other than engage in consensual bigamy as part of his religious faith while holding judicial office.

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E-mail: lindat@desnews.com