The Browns, famous as the polygamous family on the TLC television show “Sister Wives” has filed a lawsuit in federal court to legalize polygamy.  The lawsuit has been filed in Federal Court in Salt Lake City and names Governor Herbert, Attorney General Shurtleff and County Attorney Buhman as defendants.

Here is the Brown’s argument:

1.  The State of Utah does not prosecute adulterers or homosexuals;

2.  We did not obtain multiple marriage licenses;

3.  We hold ourselves out to be married but as far as the State of Utah is concerned, we are not legally married;

4.  We are being singled out for potential criminal prosecution.

They point to a 2003 U.S. Supreme Court case, Lawrence v. Texas.  In that case, Texas prosecuted a homosexual couple for engaging in homosexual conduct.  The U.S. Supreme Court held the Texas statute unconstitutional.

The Browns are careful to point out that they are not trying to end the ability of Utah to refuse to officially recognize polygamous marriage.  Instead, they want to stop Utah from prosecuting those who claim to be living in a polygamous marriage but have never obtained multiple marriage licenses.

It will be interest to see how this turns out.  It looks to me like Utah has a tough case.