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Federal judge hears 'Sister Wives' lawsuit

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    Can Utah legally ban polygamous marriages?

  • Duration 3:50
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Kelly scores -- -- -- on the docket today a federal judge hearing a case that could have a major impact in the world of the reality show sister wives and beyond.

The case is focusing on whether -- polygamy ban in Utah.

Is legal.

Cody brown in his four wives are suing claiming that -- and in Utah's unconstitutional the family left -- -- Las Vegas earlier last year.

Saying state authorities threatened prosecution after their hit TV series debuted.

Sister wives follows the lives of Cody the four women is life and they're seventeen.

Children.

They have said that they wanted to do the show to make people more aware of their lifestyle here's a clip.

Fell in love -- man I fell in love again tonight fell in love again.

This is -- east thirteenth child she's the sister from the same mister and he's a brother from another mother.

Some people think how you feel when he's off with another woman into northern -- expects -- gosh -- that they that.

Okay since joining me now Donna still -- a former prosecutor now defense attorney mark -- -- -- same pedigree.

So you don't team.

So -- they.

And now have a hearing in federal court Jonathan Turley very well known lawyer is representing that that the polygamous family.

Are doing what exactly John -- all right a couple of things number one he's stating that the polygamy statute is over abroad because not only does it.

Prohibit multiple marriage licenses it and you talk it also prohibit you from living with multiple park partners.

Or even claiming that you're married to people when you're not married to that -- that -- it over brought can't report yet is he married to multiple -- exactly and -- and it basically by a late hour of people's rights to freely associate with whomever they want to associate.

Don't even.

Though the two main argument that he's making and you know -- I don't.

At this that this is not my cup -- -- but those arguments have legs.

Lot of them yeah and -- I don't have -- Marta are.

Yeah.

Unfortunately the argument is not going to work.

The green decision out of the supreme court of you -- 2004.

Makes it OK to say this is unlawful as long as.

It's rationally related to a legitimate government interest.

That interest is to protect children.

Girls as young as thirteen not the brown family but in other relationships over the last hundred years have been forced into marriage.

Boys are literally kicked out into the streets because they are competition to the older men seeking multiple brides.

And also recent study that I read -- Teenage girls suffer greater depression.

Than girls from there from other relationships monogamous relationship so -- there's a legitimate purpose of the.

-- relatively low for the state to prove why it's lie against this is justified I want to please summit this is -- number two.

From the percent of sound control room.

That women in Cody talking about having think the country has evolved to -- -- we can take this.

I don't think anything that's ever -- it.

Worth achieving.

Has not come without some -- -- without some struggle without some risk without warrants it just really had and -- every.

I think that we have gone -- in our nation whether -- Rights for women rights for -- all of these things that made our nationwide it is.

Don't -- all came with struggle and has and have shaped who we are as as a nation and that the people -- you know.

I think -- the that the argument is analogous to adultery adultery is illegal in 22 states should be -- nobody enforces the adultery statute what is the difference between that and polygamy and we will leave that question hanging in the hair until we come back after --

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