Nov. 3rd, 2005

arisbe: (Default)
A small-town judge who has three wives should not be removed from the bench because his private behavior has not tarnished the office he holds, the judge’s attorney told the Utah Supreme Court on Wednesday.

From [livejournal.com profile] supergee who got it from [livejournal.com profile] swimmingotter


Is polygamy a crime in Utah if the second and subsequent marriages are religious ceremonies with no civil ramifications? Wouldn't that be clearly unconstitutional, even if Utah had to enact such a law to be admitted to the Union? Perhaps adultery is still a crime there, and the judge might be prosecuted for that. But what if adultery is for him a religious obligation, as cannabis is for some and (perhaps) fornication for others? And to prosecute him for adultery would be highly discriminatory, even in Utah. But to remove him before he is convicted of anything... His real crime seems to be that of heresy, of refusing to conform to the change in Mormon dogma in a state in which the Church is established, perhaps not by law, but certainly in fact.

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