A Federal Judge overturns part of Utah's law against polygamy

The full court document is there. One of the most important sections is this one:

Plaintiffs provide the “careful description” of the asserted fundamental right the required first step of the analysis in the Tenth Circuit, see Seegmiller, 528 F.3d at 769 as follows: “a fundamental liberty interest in choosing to cohabit and maintain romantic and spiritual relationships, even if those relationships are termed ”˜plural marriage’.” (Pls.’ Mem. Supp. Mot. Summ. J. 11 [Dkt. No. 50].) Plaintiffs truncate the Glucksberg analysis by reference to Lawrence , which they argue establishes “a fundamental liberty interest in intimate sexual conduct” (Pls.’s Opp. Def.’s Mot. Summ.J. 19 n.16 [Dkt. No. 72]), thus prohibiting the state “from imposing criminal sanctions for intimate sexual conduct in the home.” (Pls.’ Mem. Supp.Mot. Summ. J. 9 [Dkt. No. 50].)”

Lawrence was the latest iteration in a long series of constitutional decisions amplifying a core principle: the Due Process Clause circumscribes and in some cases virtually forbids state intervention in private relationships and conduct.”
(Pls.’s Opp. Def.’s Mot. Summ. J. 22 [Dkt. No. 72].) (pp.35-36).

You may find a Deseret News story there as well as a New York Times article here. Take the time to sort through it all.


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