From Deseret News archives:
Polygamy prosecutions spark lively debate at University of Utah
In a spirited debate at the University of Utah's College of Law on Wednesday night, constitutional scholar Marci Hamilton of New York's Cardozo School of Law challenged chief deputy Utah Attorney General Kirk Torgensen on the state's prosecution of crimes within polygamy while not going after plural marriage itself.
"While it's undeniably true that not every case of polygamy includes sexual or physical abuse of children, the tendency is enough to make the assumption that a polygamous home is not a fit home for a child," Hamilton said, criticizing the Utah Attorney General's Office for creating a "policy of appeasement" in its lack of prosecutions that leads to the assumption that polygamy should be legalized.
Assumptions are dangerous, Torgensen countered.
"I have to provide evidence," he said. "Evidence that is substantial, believable to a court of law. When she says we can assume things, that all people are abusing kids because of a lifestyle they may be living, I don't believe you can do that under the Constitution."
The debate got lively when Hamilton accused the attorney general's office of not trying hard enough to find evidence to prosecute polygamy.
"I know they don't like to hear it, but someone has to say that because it's a fact," she said.
"I'm astounded at the naivete in that statement," Torgensen replied. "I live this. I don't write about it from some office back east. I live it. I've got to sit in cases where I have got to ask, 'Where is the evidence so I can prove it in court?' Now you can say this is easy ... "
"I didn't say it was easy, I just said you weren't trying hard enough."
When Torgensen offered to deputize her to prosecute cases, some in the audience shouted "No! No! No!" while others shouted "Yes! Yes!" The chief deputy did warn polygamous communities that the attorney general's office would prosecute underage marriage cases.
They played to a full house of law students, activists on both sides of the issue, members of Utah's various polygamous churches, lawyers who have represented FLDS members and those who have prosecuted them.
Opinions on the debate were as divided as the issue itself.
"I think they need to decide if they'll uphold all of the laws or some of the laws," Flora Jessop, an ex-FLDS member and anti-polygamy activist, said of the Utah Attorney General's Office as she left the debate.
Heidi Mattingly, a member of the Davis County Cooperative Society, was critical of Hamilton.
"I think she doesn't know her law," she said.
E-mail: bwinslow@desnews.com
Recent comments
//Who can afford 30 children. maybe Bill Gates but I dont see any...
R | Oct. 24, 2008 at 3:55 a.m.
John Lambert, you're probably right. I haven't read her book, and I...
R | Oct. 23, 2008 at 7:22 p.m.
child support? Thats called genocide. I think you should go live in...
mhojho | Oct. 23, 2008 at 7:03 p.m.
- Bluffdale police issue to be decided 12:46 p.m.
- Atom smasher catches 1st collisions 12:25 p.m.
- 5 Americans detained in Pakistan 12:18 p.m.
- Man defends self with scraper 12:11 p.m.
- Panel passes BCS playoff bill 12:08 p.m.
- Stocks turn mixed 12:06 p.m.
- Palin tickets still available 11:33 a.m.
- BYU devotional: 'God loves you' 11:24 a.m.
- LDS engineer, 48-core chip 11:24 a.m.
- Witness defends report on Mitchell 11:15 a.m.
- Snow brings big chill
- Hot Rod behind mic for Lakers
- Expert calls Mitchell delusional
- Cougars use depth to beat ASU
- Non-BCS schools not given fair shot
- Andersen apologizes for Jordan hoax
- Max Hall wants to look ahead
- Five players miss Jazz practice
- Yet again, we learn BCS is a big joke
- Ranking the bowl games
- Y. profs: Beck not all-knowing
283 - Letters: Global warming a lie
221 - TCU to play Boise in Fiesta Bowl
206 - BYU football: Bronco weighs in on Hall
174 - Cougars going back to Vegas
150 - Utah/BYU rivalry can be more civil
144 - Andersen apologizes for Jordan hoax
125 - George lost in rivalry hatefest
120 - Ed Smart 'appalled' at testimony
100 - Revive full food tax?
97
My wife Lisa and I would prefer never to argue. But that's not going to...
For the latest news in the health care debate and how it affects you...
You could not get two prestigous law school scholars from the same school to...
He has inflamed his base with escalation in Afghanistan and now is taking...
Hunter (2003-2004) is the only 5A school to lay claim to both the football...
Anonymous | 12:37 p.m. Dec. 9, 2009 And NO ONE Said LDS people were...
It would make sense if Obama actually did something to deserve this award....
1. Because he does not go get the players who are necessary to beat LA. 2....
Orin Hatch is taking Christ out of Christmas. What next: "happy holidays?"
The logic of the argument is flawed. That some people with vested interests...
To "Frak Castle | 11:51 a.m. " thanks for proving that liberals are unable to...
Sorry Utes, your best win this season is over Air Force. You have no ground...



