From Deseret News archives:
Utah's bigamy law upheld
Justices rule polygamist broke law by marrying teen
That was the opinion of the majority of justices of the Utah Supreme Court in a politically charged ruling released Tuesday. In a 4-to-1 decision, the justices ruled Utah's use of its bigamy statute to go after polygamists is not unconstitutional and upheld Holm's conviction on two felony counts of unlawful sexual conduct and one count of bigamy.
Holm was "obviously disappointed" but did not say much else about the ruling to his lawyer, Rod Parker.
"He was pretty quiet about it," Parker said Tuesday. "You could tell in talking to him, his demeanor, that he found it very disappointing."
Parker said he did not know if he would appeal the ruling. He has 90 days to decide.
Not every justice agreed with the ruling. In a dissenting opinion, Chief Justice Christine Durham said she felt the ruling would leave open the ability of the state to tread into the religious practices and personal relationships of its citizens.
In dispute is the definition of marriage. Writing the majority opinion, Justice Matthew Durrant said that when Holm took 16-year-old Ruth Stubbs as his third plural wife, their ceremony was akin to a marriage.
"At the ceremony, Stubbs wore a white dress, which she considered a wedding dress," Durrant wrote. "In short, the ceremony in which Holm and Stubbs participated appeared, in every material respect, indistinguishable from a marriage ceremony to which this state grants legal recognition on a daily basis."
The fact that the two lived together and had regular sexual relations adds to this assertion, the justices said. According to the bigamy statute, people have violated the law when they "purport to marry" or cohabit with another while married to another person.
In a move that proved contentious with Durham, Durrant declared that the Utah Legislature deemed the definition of the word "marriage" to include those ceremonies not sanctioned by the state but for the narrow purpose of prosecution.
"It is clear that the Legislature intended 'marry' to be construed to include marriages that are not state-sanctioned," Durrant wrote. "The Legislature has acknowledged that the attainment of a marriage license from the state is not determinative of whether a marriage exists."
Comments
- Aggies beat Spartans in snowy Logan 4:31 a.m.
- TCU 55, Utah 28 4:24 a.m.
- BYU 24, New Mexico 19 4:21 a.m.
- Jazz game at a glance 3:00 a.m.
- Real Salt Lake: Game at a glance 3:00 a.m.
- Stanford ends Y's soccer season 2:20 a.m.
- Jazz hope D-Will returns soon 2:19 a.m.
- Snow, SUU lose 2:18 a.m.
- Toone saves day for Wildcats 2:15 a.m.
- Win in New Mexico good for Y? 2:15 a.m.
- Apostle's wife felt comfort in attack
- Can BYU root for (ick) Utah Utes?
- Short-handed Jazz fly past Sixers
- D-Will home for daughter
- Utes excited for 'dream' game
- Bench proves fruitful for Y.
- Crash on snowy road kills woman
- BYU happy to escape with victory
- GameDay in Fort Worth
- Born of water and the spirit
- SLC council OKs gay rights policies
358 - Editorial: Mormons and gay rights
200 - BYU happy to escape with victory
194 - Will state consider gay rights law?
148 - TCU creams U.
134 - Can BYU root for (ick) Utah Utes?
130 - Letters: Strange breed in Utah
129 - Utes remain silent about BCS
120 - Pratt pleads not guilty to sex charges
106 - Celtics crush Jazz
104
If you are looking for a bird on the cheap, the following specials from...
How do you handle kids and contests? Our oldest daughter, 7, is of the...
So Great!!! So Proud - Love RSL - Bring Home The CUP!!!!!
mr cannon's bold assertation that the purpose of the first ammendemnt as...
Great great great game!!!! Nicky Rimando is a god! We're the most complete...
I had the game on DVR and just watched it. That was the most exciting game...
financially cannot this year, but I will watch loyally, how great to hear...
This is hardly surprising. Bennett has a remarkable arrogance which is also...
I guess that is why "they play the game" as Herman Edwards would say.. ...
What was the score of the LSU vs LA tech game? Alot closer than you'd like to...
Has Fedor not said that THIS IS OUR YEAR all year long? Go back and...
This is just a small glimpse of the future with Obamacare: corruption, waste...


You can be the first to comment on this story.