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SALT LAKE CITY — The Utah Attorney General's Office notified a federal appeals court Thursday of the questions it intends to raise in defending the state's anti-polygamy law.
The issues focus on constitutionality, legal standing and money damages, according to a statement filed in the 10th Circuit Court of Appeals. The state's brief outlining its arguments in detail is due Nov. 18.
Kody Brown and his four wives challenged Utah's bigamy law in a federal lawsuit in 2011. Utah County Attorney Jeff Buhman threatened to prosecute them after their TV reality show "Sister Wives" debuted three years ago. The family eventually moved from Lehi to Las Vegas.
U.S. District Judge Clark Waddoups deemed Utah's ban on polygamous cohabitation unconstitutional last December. Bigamy — obtaining multiple marriage licenses — remains a felony in Utah.
Waddoups ordered the state to pay the Browns' legal fees and ruled that Buhman violated their constitutional rights when he pursued an investigation against them, ultimately opting not to file charges.
The state questions whether the Browns had legal standing to sue Buhman. It also wants the court to decide whether prohibiting married people from living together as husband or wife with others who are not their current spouse violates the free exercise of religion.
