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SALT LAKE CITY -- New court documents filed by the stars of the cable TV reality show "Sister Wives" provide new insights into their disagreement with the state of Utah.
In court documents obtained by KSL, Kody Brown and two of his wives; wrote about Utah's bigamy law, saying the constant threat of prosecution is hurting their family. They say it forced them to move to Nevada, caused loss of jobs and damaged their reputations.
We literally live day to day without knowing whether our family will be destroyed by a decision of some prosecutor in Utah.
–Janelle Brown
"We literally live day to day without knowing whether our family will be destroyed by a decision of some prosecutor in Utah," Janelle Brown wrote in the court declaration this week. "The stress has had a pronounced impact on our children and myself in loss of sleep, stress and uncertainty."
The Lehi Police Department launched an investigation into the family last year, shortly after the TV show debuted in September 2010.
Kody Brown is officially married to Meri Brown, but says he is spiritually married to the other three women — Janelle, Christine and Robyn. He has 16 children with the women.
The Browns filed a federal lawsuit in July. It challenges Utah's law that criminalizes polygamy. The family wants Utah's bigamy law declared unconstitutional and they write that they would like return to live in Utah if that happens.
The documents are in response to Utah's Attorney General Mark Shurtleff's request to have the lawsuit dismissed. He contends the Browns have failed to show that their constitutional rights were violated as a result of the Utah bigamy statute.
Jonathan Turley, the Browns attorney, contends in a response filed this week that the threat of prosecution labels the family presumptive felons.
"This is precisely the purpose of such laws directed at religious minorities, to place them in forced silence in fear of losing their children and families," he wrote.
If the law is constitutional as they say, so be it. However, this family should have the opportunity to speak to this court and hear that conclusion from an independent judiciary.
–Jonathan Turley, Brown's attorney
"The defendants would preserve this sword of Damocles dangling over the heads of plural families; an ever-present danger hanging only by the thin thread of the state's own discretion. If the law is constitutional as they say, so be it. However, this family should have the opportunity to speak to this court and hear that conclusion from an independent judiciary."
In court declarations, Kody, Janelle and Meri Brown say the move to Nevada cost them thousands of dollars for housing, health care and travel to Utah to participate in their church, the Apostolic United Brethren.
"The impact on our reputations, income and religious practices have been severe and unabated," Janelle Brown wrote.
In her court declaration, Meri Brown writes that the family has curtailed its religious activity for fear of being arrested or implicating friends and family in Utah.
The Browns also say their children hear comments at school about the family being criminals and felons.
"We have struggled with great difficulty to protect our children while trying to teach them our faith despite our separation from our religious community in Utah," Janelle Brown wrote.
In their lawsuit, the Browns say they expect to move back to Utah. But that seems unlikely until the legal issues are settled.
"If this law were found unconstitutional and this threat lifted from our family, we would feel free to finally return to Utah and would certainly resume our open participation in our religious community," Janelle Brown wrote.
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Written by Randall Jeppesen and Dennis Romboy.
