“The state has got to feel a little foolish enforcing these old statutes that are particular to Utah history,” says Kathleen Flake, chair of Mormon studies at the University of Virginia. “We no longer criminalize adultery or fornication. Any college dormitory could run afoul of these laws.”
Americans today recognize “a zone of privacy around sexual activity,” says Flake, who is working on a book about Mormon polygamy. “Why isn’t that granted to people who believe themselves to be married to multiple partners as opposed to those who simply have multiple partners?”
Now it is, at least to one judge.