The family of Kody Brown on Wednesday answered Utah's appeal to reinstate a ban on polygamy, and the family's brief is notable for what's there now that wasn't before.
The Browns' attorney Jonathan Turley wages many of the same arguments that were successful in the lower court. But now Turley also cites recent rulings affirming same-sex marriage.
That includes the U.S. Supreme Court case of Obergefell v. Hodges, in which the court upheld the fundamental right of same-sex couples to marry, and Kitchen v. Herbert, the case that brought same-sex marriage to Utah. Turley also cites a Supreme Court case that decriminalized all gay sex as sodomy, Lawrence V. Texas.