By Jacob Conde
Litigation was filed Monday, Jan. 12, 2004, petitioning to make polygamy legal in the state of Utah.
Three people filed a lawsuit against the state to legalize the practice of plural marriage. The lawsuit challenges the 1879 U.S. Supreme Court ruling, Reynolds v. United States, which made polygamy illegal.
Brian Barnard, the attorney representing the individuals filing the claim, said the ultimate goal of the lawsuit is to get to the U.S. Supreme Court and challenge the 1879 Reynolds ruling directly.
He said the law does not have the right to dictate private behaviors. He also said recent court decisions allowing homosexuals to practice their lifestyles in privacy create a strong case for the practice of polygamy between consenting adults.
'It is our belief that if analysis is applied to polygamy, Reynolds will be overturned,' Barnard said.
If the individuals succeed, polygamy would be decriminalized and recognized as a legal lifestyle.
Barnard said he was contacted three or four months ago by the individuals filing suit, who seek protection for their religious beliefs.
Barnard said religious groups that practice polygamy have been wrongfully persecuted for their religious beliefs.
'Minorities have rights,' he said.
Mary Batchelor, spokesperson for Principal Voices for Polygamy, a group with the ultimate goal to decriminalize polygamous marriages, said the group, while not involved in the lawsuit, applauded the courage of the individuals involved.
'Our private behaviors in our lifestyle choices permitted when they do not include minors, incest or abuse,' Batchelor said.
The group said it is an advocacy and awareness group with some members who do not practice polygamy and some who do. It was organized in the fall of 2003. Its stated goals are to help people understand polygamy and to clear up misconceptions about the practice of plural marriage.
The lawsuit comes as groups practicing polygamy have come under fire in the media.
In Colorado City, on the border of Arizona and Utah, 20 members of the Fundamentalist Church of Jesus Christ of Latter-day Saints were excommunicated Saturday, Jan. 9, 2004, including the town''s mayor, Dan Barlow.
According to an anonymous source at the Utah Attorney General''s Office, the men''s wives and property are to be given to members in good standing, and the men are no longer allowed to visit their families.
The church has refused to disclose the details leading up to the expulsion of these men.
When contacted today, the Attorney General''s office of Utah expressed desires to help those victimized and who believe they are being denied their basic rights. Although the state does not recognize plural marriages, they recognize the fathers'' rights to their children that are protected by the law.
Paul Murphy, spokesperson for the Attorney General, said the state offered a helping hand to those stripped of both a place to live and the company of their families. They are encouraged to contact the Attorney General for help.