Utah Supreme Court polygamy opinion

On May 16, 2006, the Utah Supreme Court upheld Rodney Holm's convictions for bigamy and unlawful sexual conduct with a minor. The Court rejected varous constitutional arguments (e.g., free exercise and due process) that Holm's relied upon to defend his "polygamous practices." The Court's opinion is here. The most interesting opinion was authored by Chief Justice Durham who dissented on various grounds. The Chief Justice concluded that the free exercise of the Utah Constitution protected Holm's conduct. On the main federal constitutional issue, the Chief Justice concluded that Lawrence v. Texas would have supported Holm's if his conduct had only involved consenting adults. This latter issue--whether Lawrence should be read narrowly or broadly (Durham noted that "Lawrence rejected the very notion that a state can criminalize behavior merely because the majority of its citizens prefers a different form of personal relationship")--is one that continues to divide the lower courts.

Richard M.