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TLC’s Polygamous Kody Brown & Family To Use Gay Rights Ruling In Law Case To Defend Plural Marriage

As the Gay and Lesbian community fight for the right for same sex marriage across the country,  and those who are against it use the fear based  aruments that granting same sex marriage will lead to incestous marriages, animal -human marriages and  polgamous marriages, Mormon Kody Brown and his four wives of The Learning Channel’s television show Sister Wives  are challenging the constitutionality of Utah’s anti-polygamy laws  using a  landmark 2003 Supreme Court gay rights decision which will certainly add more fuel to the anti-gay marriage supporters fire.

The Browns lawyer, Jonathan Turley of George Washington Univerity plans to use the 2003 gay rights case, Lawrence vs. Texas, was also a matter unrelated to same-sex marriage which overturned the conviction of two men found to have violated a state law against same-sex sodomy. But , Justice Anthony M. Kennedy offered a paean to intimate relationships defined by sexuality that easily can be transferred to the context of same-sex marriage, and potentially to polygamous marriages as well.

Anti-sodomy laws are unconstitutional, Kennedy said, because they interfere with “the most private human conduct, sexual behavior, and in the most private of places, the home,” in order “to control a personal relationship that, whether or not entitled to formal recognition in the law, is within the liberty of persons to choose without being punished as criminals.”

Kody Brown, and wife, Meri Brown are legally married, and three other “sister wives.” and Brown have been wed  It’s not actually about marriage, and it doesn’t challenge the right of the state to refuse to issue wedding licenses to polygamous families. The Browns are in court because they fear they will be prosecuted.

Before appearing on the reality show called “Sister Wives,” Brown was told by authorities he was in no danger of prosecution as long as he wasn’t doing anything else illegal, such as consorting with underage girls. But when the show hit the air, prosecutors opened a criminal investigation  They left Lehi, Utah, and moved to Nevada. Charges against Kody Brown for bigamy, a third-degree felony, were never filed in Utah.

This sounds like nothing more than one big publicity stunt at our expense to me. 

Season 3 of Sister Wives is due to hit The Learning Channel’s airwaves in September.

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Will Kohler

Will Kohler is a noted LGBT historian, journalist and owner of Back2Stonewall.com. A longtime gay activist, Will fought on the front lines of the AIDS epidemic with ACT-UP and continues fighting today for LGBT acceptance and full equality. Will’s work has been referenced in notable media venues as MSNBC and BBC News, The Washington Post, The Daily Beast, Hollywood Reporter, and Raw Story,

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1 thought on “TLC’s Polygamous Kody Brown & Family To Use Gay Rights Ruling In Law Case To Defend Plural Marriage”

  1. ‘This sounds like nothing more than one big publicity stunt at our expense to me’

    Think about this statement. Your fighting for equality for everyone. You can’t single others out because you or I disagree with them. If you do that then your argument has been lost.

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