"Sister Wives" family wins anti-polygamy case in Utah; Is this the final victory for the Brown family to live in the open?

By Staff Writer

Aug 28, 2014 11:46 AM EDT

"Sister Wives'" Brown family had won an important court ruling that could rock the concept of a monogamous marriage. Buzzfeed reported that a federal judge has deemed "cohabitation" to be now legal in Utah following Judge Clark Waddoups' similar decision in December.  

The TLC hit series, which features Kody Brown and his many wives, had been a controversial yet popular show on television. Deseret News said the show had been the subject in the "Brown v Herbert" case filed in Utah, which started in 2011 when the family filed a lawsuit against threats made on their family after the show started.

Waddoup had retained in its ruling in favor of the Browns, whose lives as a man married to four wives has been played out on the small screen. The final ruling will still give way to procedural questions, including whether the Browns would seek compensation for damages following their move to Nevada, Deseret News said. The paper quoted a spokesperson of the Brown family, who said said: "It is important to legally assess the ruling's scope and how it will impact future litigation." The Browns have allegedly decided not to get payment for moving costs and lost wages amounting to $200,000 in 2010 when the family left Lehi.

Back in December, Waddoups ruled that the ban against polygamous cohabitation is unconstitutional, saying that it violated the First and Fourteenth amendments, The Salt Lake Tribune recalled. Bigamy, or the act of entering into another marriage if still wedded to the first one, is still considered a felony in Utah. It is known that Kody is still legally married to his first wife Meri, and has married 31 year-old Robyn Sullivan in a special, but non-binding ceremony, just like his union to his second and third wives Janelle and Christine.

International Business Times explains how the ruling had an effect on polygamous families just like the Browns if the said ruling remains uncontested. It read, "The ruling strikes down a provision of Utah's anti-bigamy statute, that can be applied when someone 'cohabits with another person' to whom they are not legally married." The state of Utah recognizes such union to be a felony with a sentence of up to five years in jail, shares the article.

Meanwhile, Utah Attorney General Sean Reyes, who has stated in February that he will appeal the decision, is reportedly stepping back from his earlier decision, Deseret News said. Meanwhile, the Browns' family lawyer, Jonathan Turley, is hoping that Reyes will not push through with an appeal. IB Times quoted Turley, who believes that the ruling will prosecute abuse of spouses and children "regardless of whether they occur in monogamous or polygamous families." Turley added that the Browns would be willing to continue into the court of appeals in Denver or even the Supreme Court if it came to that.

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