Bench Memos

Federal Court Narrows Utah Bigamy Law

Yesterday, in Brown v. Buhmana federal district court in Utah held a portion of that state’s law prohibiting bigamy to be unconstitutional. While the court concluded the state could prohibit an individual from obtaining two marriage licenses or entering into two lawful marriages, it held that the state could not criminalize cohabitation or holding oneself out as married to more than one other person.  This ruling conflicts with the Utah Supreme Court’s own interpretation of the statute, so this case would make a good cert vehicle unless this decision is overturned by the U.S. Court of Appeals for the Tenth Circuit.  Eugene Volokh, Orin Kerr, and David Kopel have more.

Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

Most Popular

Film & TV

It’s the Deep Breath before the Plunge

Warning. SPOILERS are ahead. If you don’t want to know anything about episode two of the final season of Game of Thrones, stop reading. Now. One of my favorite moments in Peter Jackson's outstanding adaptation of Lord of the Rings happened in the final movie, The Return of the King. On the eve of Mordor's ... Read More