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Are the bigamy laws unconstitutional?

Scarecrow

Scarecrow

Member
Wendell Nielsen is betting that they are...

http://www.sltrib.com/sltrib/home2/5271 ... e.html.csp

Not long ago it appeared that he was looking at a plea deal that was in the works, but now it looks like he is going to go toe to toe with the D.A. in Schleicher County, Texas.

I say halleluiah!
 
do not have standing to challenge the law because they haven’t been charged with any other crimes.
Click to expand...

Can you explain this to me please? It doesn't make any sense and just makes me annoyed.

:evil:
 
The state is claiming that since they have not charged the Brown's with anything that they cannot file a suit. The Brown's filed the suit because they were investigated and have the right to live peaceably without worrying that the state at any moment could charge them with a crime. I think the case will go forward.

I also think one or both of these trials will be the beginning of the end of the bigamy and anti-polygamy laws.
 
Thanks for the clarification, ok, so is it possible that the investigation itself be seen as harassing or causing mental stress? That may be the basis of some civil lawsuit?

B
 
It appears that the argument is that they should not have to live in fear of the government. Just because there have not been any charges filed does no mean they can't be filed at a later time. The Brown's feel that they should not have to live with the constant worry that tomorrow might be the day they get thrown in jail. With the Texas ruling about the sodomy laws being unconstitutional as support I think the Brown's will eventually prevail. Texas is facing its own dilemma with Wendel Nielsen and the same challenge. Neither Kody or Wendel married underage girls or abused the welfare system and should have the right to live in peace. Eventually one of the two and probably both will get in front of a judge, and eventually before a Federal Judge on appeal if the ruling goes against them, at which time the bigamy and anti-polygamy laws will be ruled unconstitutional.
 
it is quite a plus that the series documented their emotional state in not wanting to uproot the family.
that they felt that they had to move to what was a safer state so that they could live in peace.

if those parts were to be played in court, it would be hard to deny it as a frivolous lawsuit.
 
Looks like we will get to see a constitutional challenge after all! I am very pleased about this as I think this is one of, if not the best way, to attack the prejudice of the polygamy and anti-bigamy laws. I think the case is very strong because all individuals involved were consenting adults.

http://www.gosanangelo.com/news/2011/no ... l-granted/
 
Scarecrow said:
Looks like we will get to see a constitutional challenge after all! I am very pleased about this as I think this is one of, if not the best way, to attack the prejudice of the polygamy and anti-bigamy laws. I think the case is very strong because all individuals involved were consenting adults.

http://www.gosanangelo.com/news/2011/no ... l-granted/
Click to expand...

Yes, this looks good so far. I think the Brown's family (Sister Wives show) case will be good as well because it will be in a state that already recognizes that not all polygamous families are abusive and some are started based on 'consent'. I'm not sure what's keeping them from 'officially' declaring and amending the state's Constitution to decriminalize polygamy. Both cases though are looking like a start in a good direction.
 
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