The First Salvo

Kody Brown

Jonathan Turley

Not too many months ago, the Kody Brown polygamous family came out very publicly on the TLC cable channel with the first season of the Sister Wives series.  Before too many suns set, the local Kops started a felony bigamy investigation (DUHH !!).  I always wondered why the Browns (with their top-flight George Washington law school attorney, Jonathan Turley) did not simply fire the first salvo.  The Browns faced a choice - either tremble endlessly while waiting for Lehi police to show up with four or five sets of handcuffs - or file a federal civil rights lawsuit against the pretty, great State of Utah for violating their freedom of speech, freedom of religion, and freedom of association - not to mention trampling on every 14th Amendment privilege enshrined in the 2003 Lawrence v. Texas decision (decriminalizing all adult consensual sex).

You cannot go before the higher courts with a complaint unless you have suffered harm.  The bozo cops and county attorneys provided the requisite "harm" by threatening the family with potential prosecution.  The Browns were in a perfect position to challenge the Reynolds decision and Utah's stupid Church/State-sponsored polygabigamy statute.

With the Browns' inaction, I guess I assumed that another more enterprising family might step up and brave the limelight and scrutiny, falling on the sword for the rest of us 39,000 criminal plygs.

But NO!  Tonight the news emerged that the Browns are making their case this Wednesday in federal court.  Oh happy day!  Frankly, it matters not who does it.  I am just glad that someone finally has the courage to step forward and say, "ENOUGH IS ENOUGH !!!"  I wonder if Dee Benson will win this dice roll.  Turley would be smart to bone up on the vast body of pleadings already filed in the British Columbia reference case.

The Supreme Court punted the State v. Holm case, even though Rodney Holm's prosecution was for ADULT - not CHILD - bigamy.  However, Holm's third "wife" was 16.  The Supremes were most likely loathe to hand him and Christine Durham a victory.  Kody Brown has not married or slept with any minors, and, despite his much criticized hairdo, he has scant little dirty laundry to fuss over.

I can hear it now -

KODY:  "My family and I are afraid because of the constant saber-rattling from law-enforcement and the specter of prosecution."

SHURTLEFF;  "We will definitely prosecute any polygamy case where we have enough evidence . . . . . wait, . . . .  uh, no we won't, I mean yes we will, will we? Oh crap! Forget everything I said."

My gosh, if this court challenge proves successful, li'l ol' Renn will be able to shut this ranting blog down and ride off into the Maricopa sunset.

Perhaps the buzz surrounding this inevitably monumental court case will inject some new life into next season's Sister Wives storyline.

GO KODY !!!!!!!