Court hands defeat on polygamy to Nevada family from ‘Sister Wives’

Kody Brown and his four wives plan to challenge a federal appeals court ruling that has thwarted their efforts to decriminalize polygamy in Utah.

George Washington University law scholar Jonathan Turley, the lead attorney in the case, made the announcement in a blog posted on his website Monday.

“The Brown family is obviously disappointed in the ruling but remains committed to this fight for the protections of religion, speech, and privacy in Utah,” Turley wrote.

The family, famous for the reality TV show “Sister Wives,” moved from Utah to the Las Vegas Valley in 2011 under fear of prosecution.

Monday’s ruling by the 10th U.S. Circuit Court of Appeals in Denver reversed a landmark 2013 ruling from a federal judge in Utah that removed the threat of arrest for polygamous families.

Kody Brown and his four wives sued over Utah’s longstanding ban on plural marriages after local prosecutors said publicly that they were considering charges following the premiere of the show.

The appeals court panel found the family can’t sue because the Utah prosecutor’s office in question drafted a policy that it wouldn’t prosecute consenting adult polygamists unless there were other connected crimes such as sexual assault. Prosecutors never filed charges against the family, so the case was moot, the ruling said.

Reached by email Monday, Janelle Brown, one of Kody Brown’s “spiritual wives,” declined to comment, deferring to the family’s lawyer.

Turley said the Browns never have sold their home in Utah and would like to move back someday.

“This has been a long struggle for the Brown family but they have never wavered in their commitment to defending the important principles of religious freedom in this case,” he said. “The decision today only deepens their resolve to fight for those same rights.”

Turley said the family now could seek a rehearing from the panel or a review by the full appellate court. It also could appeal directly to the U.S. Supreme Court.

“We will be exploring those options in the coming days,” he wrote. “However, it is our intention to appeal the decision of the panel.”

Utah officials said the appeals court made the right call.

“It is gratifying,” said Parker Douglas, with the Utah attorney general’s office. “In this case, I don’t think the Browns had a legitimate fear of prosecution.”

The Associated Press contributed to this report. Contact Wesley Juhl at wjuhl@reviewjournal.com and 702-383-0391. Find @WesJuhl on Twitter.