90.9 WBUR - Boston's NPR news station
Top Stories:
PLEDGE NOW
Jonathan Turley: Polygamy Case ‘A Victory For Morality’

Jonathan Turley, a well-regarded lawyer, legal scholar and professor of law at The George Washington School of Law, represented the Brown family of Utah in a recent court case in that state arguing for the family’s right to practice polygamous co-habitation. He joined us on our Dec. 23, 2013 show looking at a case that many see as the effective de-criminalization of polygamy.

Turley explained some basic legal definitions in the complicated case:

“People have been prosecuted under this since the 1950s…There is no cohabitation clause anymore, that was struck down, the court did what we suggested. Utah now has a conventional bigamy law…Many people are confusing bigamy with polygamy. Bigamy is having multiple marriage licenses. That’s a crime that is committed almost exclusively by people who hold themselves as monogamists. It is not a crime that is generally committed by polygamists who traditionally have one marriage license and the rest are spiritual marriages. So what Utah has now is it says that anybody, regardless of the structure of your family, with more than one license can be prosecuted. We have no problem with that. Polygamy is legal. In the same way that homosexual was decriminalized in Lawrence v. Texas. It is now legal to be plural in a family. Polygamy does not mean having multiple marriage licenses, it means having a plural family.”

Turley also cheered the recent ruling as a “victory for morality.”

“Reynolds in my view is one of the most infamous decisions the court has ever handed down. It was filled with rather racist and hateful statements directed against Mormons. The language the courts used was clearly to denounce what it considered to be an amoral practice that it associated with Africa and Asia. It’s an opinion that I recommend that people read, because it’s truly horrific.  It’s astonishing that it has never been overturned. In fact, it is the foundation for what are called morality laws. The most interesting aspect of Judge Waddoups’ opinion is it shows a clean break from our long history of morality laws that banned everything from fornication to adultery to cohabitation.  These are laws in which the majority simply criminalizes things they consider to be fundamentally immoral. This case represents part of a trend in which we’re moving away from those laws and in my view we’re a better nation for it. I happen to think that the Sister Wives’ case is a victory for morality in the sense that it lets every family follow its own faith and values so long as they don’t harm others. For me that’s a victory for morality, and it’s also a victory for privacy. In fact, I think this has a lot more to do with privacy than it does with polygamy.”

Turley further explained the fundamental differences between violation of privacy and legal proof of harm as the underpinnings to both 2003’s Lawrence v. Texas ruling and the current Sister Wives’ case.

“This law violates both the due process clause, which goes to Lawrence v. Texas, but he also ruled that it  violates the free free exercise of religion under the First Amendment. As to Lawrence, we argued that this case is really indistinguishable. There’s a difference between the criminalization of a consensual relationship and the recognition in terms of a marriage. This is very similar to Lawrence, and in the same way that before Lawrence, states could criminalize homosexual relationships. This did the same for people in polygamous unions or relationships. That’s the reason after Lawrence, homosexulaity could not be criminalized, it was legal and we still have the question of whether you want to recognize same-sex marriage. The same is true with polygamy, that it’s no longer criminalized, it is legal to have a polygamous family. We did not ask and we do not intend to ask for the legalization of multiple marriage licenses.

Although I support same-sex marriage, Lawrence does not dictate that states have to recognize same-sex marriage, this does not dictate that the states have to recognize plural marriage. These are two different issues in terms of criminalization  — one goes to the privacy of the home and the other goes to what a state is required to do under equal protection.”

What do you make of the Utah judge’s ruling that polygamous co-habitation should be legal? Do you see legal justifications but moral slippage? Is Turley right? Let us know in the comments below, or on Facebook, Tumblr and @OnPointRadio.

Please follow our community rules when engaging in comment discussion on this site.
ONPOINT
TODAY
Mar 27, 2015
Rescue workers work on debris of the Germanwings jet at the crash site near Seyne-les-Alpes, France, Thursday, March 26, 2015. The co-pilot of the Germanwings jet barricaded himself in the cockpit and “intentionally” rammed the plane full speed into the French Alps, ignoring the captain’s frantic pounding on the cockpit door and the screams of terror from passengers, a prosecutor said Thursday. (AP)

The co-pilot and the plane in the Alps? Ted Cruz announces 2016 bid. Heinz buys Kraft. Our weekly news roundtable goes behind the headlines.

Mar 27, 2015
Members of  a November Project 'tribe' pause during a November 2014 workout. (Brogan Graham / Instagram)

Spring training. From easy-access yoga to outdoor exercise meet-ups, exercise plans you’ll want to do.

RECENT
SHOWS
Mar 26, 2015
A child walks through a forest landscape. (Rudolf Vlček / Flickr)

American kids today spend only four to seven minutes a day playing outdoors. We hear a new call to raise the “wild child.”

 
Mar 26, 2015
In this file photo, protesters sit at the intersection of Wall St. and Broad St. in New York, Monday, Sept. 22, 2014. The protesters, many who were affiliated with Occupy Wall Street, were trying to draw attention to the connection between capitalism and environmental destruction. (AP)

In our age of hyper-inequality, historian Steve Fraser asks when the little guy stands up and says “enough.” He’s with us.

On Point Blog
On Point Blog
Our Week In The Web: March 27, 2015
Friday, Mar 27, 2015

More on the incessant email debate, plus some goats living their best lives and the sad allure of Manhattan’s shuttered Pommes Frites.

More »
Comment
 
Mobile Payments Offer Convenience If You Keep Your Email Safe
Thursday, Mar 26, 2015

Thinking about moving your wallet to your phone? You can! And maybe you should? But TechCrunch senior writer Josh Constine has a few things to tell you before you do.

More »
1 Comment
 
Using Technology To Get Your Kids Outside
Thursday, Mar 26, 2015

The latest and greatest — using apps to make natural exploration more fun for your kids.

More »
Comment