BROWN V. BUHMAN 947 F.Supp.2d 1170 (2013) CASE BRIEF

BROWN V. BUHMAN

947 F.Supp.2d 1170 (2013)

NATURE OF THE CASE: Brown (P) and Buhman (D) both filed motions for summary judgment in P's facial and as-applied constitutional challenges to Utah's bigamy statute.

FACTS: D's Statute covers not only polygamy but 'cohabitation.' Ps are members of a religious group that believes polygamy is a core religious practice. Ps do not have multiple marriage licenses. There is only one recorded marriage license in the P family. Prosecutions under the Statute have been rare and published cases in the last three decades only involve religious polygamists. D government officials are aware of thousands of polygamist families in the state and regularly interact with such families as part of the 'Safety Net' program and other governmental programs. D government officials were aware that P's family was a plural or polygamist family for years. The investigation of Ps occurred only [after] the first episode of 'The Sister Wives' aired. D officials have acknowledged that 'The Sister Wives' program triggered their investigation. D officials publicly denounced the Browns as committing crimes every night on television. One official connected to the investigation publicly stated the program made prosecution 'easier.' Prosecutors even gave interviews discussing the P family, their alleged crime of polygamy, and the public investigation. D found no evidence of any crime though D maintains future prosecutors can charge them as a matter of discretion and policy. D has said that there is no guarantee that Ps will not be prosecuted in the future for polygamy. No member of the P family has ever been charged with a crime.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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