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SALT LAKE CITY — A federal appeals court Friday rejected a polygamous family's request for a full review of a decision upholding the cohabitation provision in Utah's polygamy law.
Kody Brown and his four wives petitioned the 10th Circuit Court of Appeals to reconsider a three-judge panel's ruling last month that their lawsuit against Utah County Attorney Jeff Buhman is moot because there is no credible threat that they would be prosecuted under the law.
The Browns, who are featured in the reality TV series "Sister Wives," fled their home in Lehi for Las Vegas after Buhman threatened to go after them.
The select panel ordered U.S. District Judge Clark Waddoups to vacate his decision striking down the cohabitation provision and to dismiss the lawsuit. Waddoups deemed Utah's ban on polygamous cohabitation violated the Browns' religious freedom rights in December 2013.
Utah appealed the ruling, arguing that the U.S. Constitution does not recognize the practice of polygamy as a fundamental right, and state laws protect women and children from abuse.
The Browns' attorney, Jonathan Turley, said in April that he would go to the U.S. Supreme Court if the entire 10th Circuit, which numbers 19 judges, declines to hear the case.
