Premium Essay

Polygamy Case Briefs

In:

Submitted By debrn2010
Words 822
Pages 4
PA 499 Unit 5 assignment
Case Briefs
Debbie McQueen
August 30th, 2015

State v. Holm Supreme Court of Utah 137P.3d 726 (2006)

Facts:
Rodney Holm an active member of the Fundamentalist Church of Jesus Christ of Latter-day Saints, legally married Suzie Stubbs in 1986. He later entered into marriages with Wendy Holm and Ruth Stubbs, Suzie’s 16-year old sister. The marriages to Wendy and Ruth were solemnized in religious ceremonies only and not otherwise registered with the state. Before reaching age 18, Ruth Stubbs conceived two children with Holm. The state of Utah charged him with violating the state’s bigamy law and with having unlawful sexual conduct with a minor. After being convicted, he appealed on the grounds that his conduct was not bigamy and that, in any event, the bigamy law was unconstitutional under state and federal law.

Issue:
Whether Rodney Holms was appropriately convicted for bigamy and unlawful sexual conduct with a minor?
Whether Holm’s behavior violated Utah’s bigamy statute and whether the statute is constitutional?

Rule:
A person is guilty of bigamy when he knowingly has a husband or wife or the other person has a husband or wife and that person intends to marry another person or cohabits with another person.
Utah code section 76-7-101

Analysis:
Holms was guilty of bigamy because he purported to marry Ruth Stubbs, after he was already married. The “purports to marry” language under the bigamy statute is broad enough to include this type of religious solemnization engaged in by Holm and Stubbs. The federal constitution does not protect Holm from bigamy prosecution on religious freedom grounds. We hold that the term “marry” includes both legally recognized marriages and those that are not state sanctioned.

Conclusion:
We conclude that Holm was properly convicted of both bigamy and unlawful conduct with a minor.

Similar Documents

Premium Essay

Polygamy

...Multi-Bonding: Polygamy, Polygyny, Polyamory Defining and Identifying Multi-bonding Non-monogamous relationships can take any number of forms, including, but not limited to, serial pair-bonding (known most frequently as serial monogamy), polygamy, polyandry, communal living, and “open” pair-bondings, where sexual or sexual-emotional relationships outside of the primary one are tolerated to a greater or lesser degree (cf. Robinson, 1997). Polygyny has been defined as “the marriage of a man to two or more women at the same time” (Moorehead, 1991: 311), or the “practice of plural marriage” (Altman and Ginat, 1996: 3). The term polygamy has also been used synonymously with polygyny, although it could also be used to encompass polyandry (Welch and Glick, 1981). Polyandry refers to the marriage of one woman to two or more husbands, while polygynandry contemplates a situation in which two or more women are simultaneously married to two or more men (Al-Krenawi, Graham, and Slonim-Nevo, 2002). Polygynandry has also been used to refer to group marriage (Anon., 2004). The term informal polygamy has been used to describe relationships characterized by the simultaneous existence of a legal marriage of one man to one woman and an affair with a second woman that has become a stable feature of the family structure (Rivett and Street, 1993). In contrast, polyamory refers to “group marriage” or the existence of one or more sexual 27 28 • Multi-Bonding: Polygamy, Polygyny,...

Words: 8323 - Pages: 34

Premium Essay

Anthro

...2 Multi-Bonding: Polygamy, Polygyny, Polyamory Defining and Identifying Multi-bonding Non-monogamous relationships can take any number of forms, including, but not limited to, serial pair-bonding (known most frequently as serial monogamy), polygamy, polyandry, communal living, and “open” pair-bondings, where sexual or sexual-emotional relationships outside of the primary one are tolerated to a greater or lesser degree (cf. Robinson, 1997). Polygyny has been defined as “the marriage of a man to two or more women at the same time” (Moorehead, 1991: 311), or the “practice of plural marriage” (Altman and Ginat, 1996: 3). The term polygamy has also been used synonymously with polygyny, although it could also be used to encompass polyandry (Welch and Glick, 1981). Polyandry refers to the marriage of one woman to two or more husbands, while polygynandry contemplates a situation in which two or more women are simultaneously married to two or more men (Al-Krenawi, Graham, and Slonim-Nevo, 2002). Polygynandry has also been used to refer to group marriage (Anon., 2004). The term informal polygamy has been used to describe relationships characterized by the simultaneous existence of a legal marriage of one man to one woman and an affair with a second woman that has become a stable feature of the family structure (Rivett and Street, 1993). In contrast, polyamory refers to “group marriage” or the existence of one or more sexual 27 28 • Multi-Bonding: Polygamy, Polygyny, Polyamory ...

Words: 8323 - Pages: 34

Premium Essay

Polygamy

...| Introduction The term polygamy, meaning "the practice of multiple marriages", is used in related ways in social anthropology, sociobiology, and sociology. Polygamy can be defined as any form of marriage in which a person has more than one spouse. In social anthropology, polygamy is the practice of marriage to more than one spouse simultaneously. Historically, polygamy has been practiced as polygyny, meaning one man having more than one wife; or as polyandry, meaning one woman having more than one husband. In sociobiology, polygamy is used in a broad sense to mean any form of multiple mating. In a narrower sense, used by zoologists, polygamy includes a pair bond, perhaps temporary. Polygamy as stated earlier is the situation in which one man is either married to or involved in sexual relationships with a number of different women at one time (Magubane, 2003). This was the most common form of polygamy practiced by Mormons in the 19th century, and practiced today by self-identified fundamentalist offshoots (West and Jean, 2002). Polygamy existed all over Africa as an aspect of culture or religion. Plural marriages have been more common than not in the history of Africa. Many African societies saw children as a form of wealth thus the more children a family had the more powerful it was. Polygamy was and still is thought of as a part of empire building. It was only during the colonial era that plural marriage was perceived as taboo. Esther Stanford, an African...

Words: 2996 - Pages: 12

Premium Essay

Yoshino

...legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––  Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from the Filomen D’Agostino and Max E. Greenberg Research Fund. I thank Perri Ravon and Annmarie Zell for their research assistance and Professor Reva Siegel for her comments. 1 135 S. Ct. 2584 (2015). 2 The case presented two questions: (1) “Does the Fourteenth Amendment require a state to license marriage between two people of the same sex?” and (2) “Does the Fourteenth Amendment require a...

Words: 15849 - Pages: 64

Premium Essay

Jesus & Muhammad

...that he should still marry Mary because the child that she was carrying was conceived from the Holy Spirit. Jesus was born under the ruling of Herod the Great who was felt very threatened by Jesus. He went so far as to command that every male child under the age of 2 years old be killed. An angel visited Joseph and warned him and he took Mary and Jesus and fled to Egypt. The family stayed there until the death of Herod the Great at which time they returned to settle in Nazareth. There is not a lot of information about Jesus’ childhood. It is said that at one time during his youth his parents did not know where he was for several days and he was found in a temple having discussions with some of the elders. Other than that there is brief mention in the New Testament that in young adulthood Jesus was a carpenter like his father. It was at the age of 30 that Jesus was baptized by John the Baptist. This was the turning point for Jesus I many ways. In the years to come he would face many trials and tribulations. After his baptism Jesus spent 40 days and nights in the Judean desert. It was here that he encountered the devil. The devil tried several times to tempt Jesus. Jesus never waivered and rejected the devil every time. After...

Words: 1326 - Pages: 6

Premium Essay

Prostitutes In India

...culture is known for its efficient advance. Its well off shippers could bear to spend extravagantly on wine and women. It isn't known whether any extraordinary put was held around the local area arranging of urban communities for prostitutes as was case in later times. 3.2. Vedic age The most punctual history of each country has proof of the presence of this calling of the world. India is one of them. The Aryans were likely roaming peaceful clans streaming over the focal Asian land mass. The Pre Aryans were settled rural individuals. At the point when the early Aryans settled down as agriculturists they needed to look forward to the beginning of standard rains and to secure their corns. Yet, it was past the control of themselves; they considered Supreme Being – the Devas, the boss among them was Indra. For his conjuring a type of forfeit was presented. The conciliatory customs were went with a mellow inebriating drink, the juice of Soma plants. Furthermore, the finish of which there was most likely a indication of regular promiscuity. If there be no marriage organization existent in the general public, wantonness can't be called prostitution. A condition of sexual wins in the start of all human improvement, however it kept going a brief span just to be taken after by a sort of semi-wantonness. It offered ascend to gather marriage and polyandry. This prompted foundation of matriarchal society. After this indiscrimination, was just turned to in religious or political celebrations....

Words: 1546 - Pages: 7

Free Essay

Women in Iran

...the Islamic Revolution, on February 11th, 1979.[1] Religious rulers took over and influenced the Sharia Law, which are decisions on how to live life by studying religious texts. Ever since this change women have faced a struggle to survive in harsh conditions every day of their lives. Inequality between Iranian men and women is a major problem, even an issue due to the way women are viewed and through the eye of a man here.[2] The rights of women certainly have changed drastically since the start of the revolution, but still the daily life of an Iranian women without a doubt does not compare to that of a woman living in America.[3] Islamic women have tried to fight these discriminatory conditions, but these prevalent practices are in most cases required by the law. The laws that they are forced to go by are biased and in any outsiders opinion should be changed. After the revolution, Iran took a different turn from being a western influenced country to a being an Islamic fundamental government with strict rules led by the supreme leader Ayatollah Khomeini. Since the overthrow of the monarchy in 1979 signs had appeared of Islamic fundamentalism. The laws that the women had gained under the leadership of the Shah were systematically, legislatively and religiously demolished. Under the new regime, families encouraged women to get a higher education and they began to find jobs. The country is dominant in Sunni Islam and more than 90% of the population follow Wahabism....

Words: 1814 - Pages: 8

Premium Essay

Postmodernism in Islamic Jurisprudence

...existence of new issues, which their answers cannot be traced in the works of classical fiqh. Accordingly, some would prefer to utilize the postmodernism approach in the process of interpretation of the divine texts in order to get the ruling (hukm). Some of the thinkers and scholars seem to neglect the normative guide in classical Usul al-Fiqh (the principle of Islamic jurisprudence) and tend to formulate new approaches in jurisprudence deciding process such as deconstruction, hermeneutics, limitation theory and double movement theory. Therefore, this article tends to analyze in the frame of new discourse of postmodernism approach in Islamic Jurisprudence (fiqh). This is especially in jurisprudences that are related to gender issues such as polygamy,...

Words: 6039 - Pages: 25

Free Essay

Mormons in the 1830's and 40's

...members of “The Church of Jesus Christ of Latter Day Saints,” (otherwise known as Mormons) have proved to be crucial to the growth of the U.S.A. in every aspect. After the establishment of religion in 1827, Mormons have been the target of persecution and discrimination by many. The bulk of this persecution occurred in 1836 when a group of rebel militia attacked Mormon headquarters located in Northern Missouri. This ambush against the Mormons sparked an onslaught of hate crimes to come. After being exiled from Missouri and Illinois, Brigham Young led an intrepid party of immigrants into the Great Salt Lake valley in 1847. The population grew rapidly, and by 1849, the Mormons had managed to form a civil government with Young at the helm. This brief summary has set the stage for this report, where I will evaluate Mormons of the 1830’s and 40’s and enlighten you on their beliefs, culture, and impact throughout American History. Establishment of Religion The establishment of the LDS church is a very interesting story that many people do not understand. “In the spring of 1820, a 14-year-old boy named Joseph Smith went into a grove of trees near his home in Palmyra, New York, and prayed to learn which church he should join. In answer to his prayer, God the Father and His Son, Jesus Christ, appeared to him, just as heavenly beings had appeared to prophets like Moses and Paul in biblical times.” Joseph learned that the Church originally organized by Jesus Christ was no longer on the...

Words: 4385 - Pages: 18

Free Essay

Inequality an Dpoverty

...an end to inequality and therefore alleviate poverty. it is believed by some economists that redistribution is the only way to make the world equal again , these economists also believe that redistribution is the role of the government (Browning, 1989) while others believe it is the role of the citizens and the government . Inequality is a major global problem which leads to loss of GDP, health, lives and others. Inequality is a cancerous growth that needs to be cut down (Gostin, 2007) in this research report will elaborate on the inequalities of the world and how it ties to poverty, using the theme of discrimination, based on race, caste and gender. It will show how discrimination leads to inequality and poverty, with the help of various case studies and examples, it will also give recommendations on how the inequality can be reduced. The global inequality shows that 80% of global health is in the hands of 15% of the "privileged." (Milanovic, 2011) What is poverty? Poverty is described as the thing that deprives humans of their fundamental human rights and needs. (Weebly, 2012). Poverty can also be described as an absence of wealth, health, social security and so on. Poverty is also a very complex term, therefore it is not that easy to describe therefore there are various definitions that explain poverty. It can be said that there are different types of poverty such as * Relative...

Words: 2400 - Pages: 10

Free Essay

Mormons and Blacks

...Timothy Graham African American History African American relations with the early Church of Jesus Christ of Latter-Day saints. In 1842, Joseph Smith, founder of the Church of Jesus Christ of Latter-Day Saints, was asked by the editor of the Chicago Democrat, Joseph Wentworth, to summarize the basic principles of the newly founded religion. Included in the response, Smith presented thirteen declarations which have collectively become to be knows as the “Articles of Faith”. The thirteenth of these articles states the following: “We believe in being hones, true, chaste, benevolent, and in doing good to all men. Indeed we may say that we follow the admonition of Paul—We believe all things, we hope all things, we have endured many things, and hope to be able to endure all things. If there is anything virtuous, lovely, or of good report or praiseworthy, we seek after these things.[i] It regard to the treatment of Americans of African descent, it is no secret that the nation, at large, treated individuals with great contempt. The question is whether or not this new faith group was any different. How did treatment of African Americans among the Saints differ from that of the general population of the United States during the period from 1830, the church’s founding, to the end of the century? What was the LDS church’s position on slavery and did practice follow policy among members of a church founded on the principles of “faith, hope, and charity”?[ii] And...

Words: 3618 - Pages: 15

Premium Essay

Love

...Americans would legalize gay marriage nationwide, favor equal rights for such unions Fifty-two percent of Americans would vote for a federal law legalizing gay marriage in all 50 states. Americans' broader support for recognizing same-sex marriage, at 54%, hasn't changed since the Supreme Court's recent rulings. PRINCETON, NJ -- If given the opportunity to vote on a law legalizing gay marriage in all 50 states, the slight majority of Americans, 52%, say they would cast their vote in favor, while 43% would vote against it. Across the nation's major demographic, political, and religious groups, support for the proposed law ranges from as high as 77% among self-described liberal Americans, and 76% among those with no religious affiliation, to as low as 23% among weekly churchgoers, and 30% among Republicans and conservatives. Other groups showing at least 60% support for legalizing same-sex marriage nationwide include Democrats, adults aged 18 to 34, those who rarely or never attend a church or other place of worship, moderates, Easterners, and Catholics. Others showing less than 50% support include Protestants, adults 55 and older, Southerners, and men. The groups showing the most ambiguity about such a same-sex marriage law, with between 51% and 53% in favor and 43% to 45% opposed, include Midwesterners, nonwhites, and adults aged 35 to 54. No Shift Since Court Decisions in General Support for Legalizing Gay Marriage In the same poll, Gallup asked a separate half-sample...

Words: 5897 - Pages: 24

Premium Essay

Yet Unknown

...on their experiences during the Informative Essay Unit - Discuss reflections as a class *Activity 2: Introduce Classical Argument (20 min) - Have students bring a hard copy of the assignment to class with a highlighter: a. Get into groups of 4 b. Read the sheet aloud, highlighting all the action verbs c. Discuss the sheet as a group as instructor makes rounds *Activity 3: Mini-Lecture on Assignment /Questions (15 min) - Powerpoint slides “The Features of an Academic Argument” - Allow time for student questions on the assignment and/or lecture *Homework for Next Class READ: • Chapter 8 A&B Guide to Writing. Writing a Classical Argument. • Pages 137-154 Everyday Writer: Constructing Arguments. • "The Case for (Gay) Marriage" by A.J. Chavez on pages 249-253 of Guide to Writing. • Notes on Counterarguments and Warrants.   WRITTEN (Post in Moodle and bring a copy to class): Let's look...

Words: 4393 - Pages: 18

Free Essay

Ancient Japan

...I.A. The text, “Fujiwara and Murakami Genji as Assistants to Emperors” was written by Chikafusa, a couple of years after the Period Kamakura Japan (1180 to 1133) and went into the Kenmu Restoration period. This period was marked by the rise of militarism that attempted to make Japan a centralized government. During this time the imperial line remained unchallenged and exercised a vast amount of power. In 1333, the Kamakura shogunate was overthrown by warrior forces and Go-Daigo became the emperor . Go-Daigo belonged to a branch of the Fuijiwara house. He believed that the overthrow of the shogunate was a sign to revive what he believed was the most efficient form of government, the direct imperial rule. This period marked by imperial restoration was called “Kenmu Restoration” and lasted until 1336. As competition for power and land rose, the government was unable to stabilize the country. Two key figures Nitta Yoshida and Ashikaga Takauji were the faces to the struggle for power. Since they could not reach consensus Japan was split in two and the “War Between the Northern (Kyoto) and the Southern (Yoshino) Court,” began. Chikafusa did not play a major role in the Kenmu Restoration but did rally for support for the Southern Court among the eastern warriors. Coming from a high-ranking noble family and prominent minister at court, Chikafusa wrote was the author of Jinnō Shōtōki. This work, also known as “Chronicle of the Legitimate Succession of Divines Sovereigns...

Words: 2475 - Pages: 10

Premium Essay

Argument

...experiences during the Informative Essay Unit - Discuss reflections as a class *Activity 2: Introduce Classical Argument (20 min) - Have students bring a hard copy of the assignment to class with a highlighter: a. Get into groups of 4 b. Read the sheet aloud, highlighting all the action verbs c. Discuss the sheet as a group as instructor makes rounds *Activity 3: Mini-Lecture on Assignment /Questions (15 min) - Powerpoint slides “The Features of an Academic Argument” - Allow time for student questions on the assignment and/or lecture *Homework for Next Class READ: • Chapter 8 A&B Guide to Writing. Writing a Classical Argument. • Pages 137-154 Everyday Writer: Constructing Arguments. • "The Case for (Gay) Marriage" by A.J. Chavez on pages 249-253 of Guide to Writing. • Notes on Counterarguments and Warrants.   WRITTEN (Post in Moodle...

Words: 4392 - Pages: 18