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Fewer than a dozen Utah cases have challenged the law — none successfully. It has most commonly been used to prosecute polygamists typically when the defendants were also charged with other crimes, like child abuse. The criminal investigation into Warren Jeffs, for instance, and his polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints group, began as a probe into child sex abuse allegations.
He is now serving a life sentence in Texas after convictions on child sex and bigamy charges.
Some experts liken the issue to gay marriage or sodomy bans, but note neither carries the historical stigma that comes with polygamy.
"In many ways, the movement for the rights of polygamists has just not advanced enough to the point where the claim is going to seem legitimate to the courts," said Stanford University constitutional law expert Jane Schacter.
She noted there is "much more acceptance of gay couples, of homosexuality in general."
Polygamy "opens up a whole can of legal worms that is not really opened with the same sex marriage issue," Schacter said, noting polygamy throughout history has been associated with underage marriages and child sex abuse.
Regardless of whether there are polygamous relationships among consenting adults where no other crimes are occurring, the historical stigma persists, she said.
"It’s not an issue I think will be laughed out of court, but I don’t think it is poised for a victory at this point," Schacter added. "Contemporary law under the First Amendment regarding the exercise of religion is just not very friendly to the claims of polygamists."
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