The Utah Supreme Court on Friday denied an appeal from a man convicted of having five wives who argued that anti-bigamy laws violated his First Amendment right to religious freedom.
Attorney John Bucher had argued polygamy was part of Tom Green's religion, and that Utah's laws for cohabitation were so vague that Green had no way to know he was in violation.
An unanimous Supreme Court disagreed, however, noting Utah's bigamy statute "does not attempt to target only religiously motivated bigamy. Any individual who violates the statute, whether for religious or secular reasons, is subject to prosecution."
Green, 55, lived with his five wives and 31 children in a cluster of trailer homes in the remote desert, about 125 miles southwest of Salt Lake City. He was convicted in 2002 of child rape for having sex with one of his five wives when she was 13. A year earlier, he was convicted of four counts of bigamy and one count of criminal nonsupport of his children. He's due for release from prison in 2007.
"He would marry one when she was like 14, because he was worried about criminal charges with a girl that young," Assistant Utah Attorney General Laura Dupaix said. "Then, when she got older, he would marry another one," but remain in a relationship with the previous women.
Bucher said Green and his wives were disappointed, and that he might seek an appeal to the U.S. Supreme Court.
Though polygamy has been illegal for more than 100 years in Utah, it's believed thousands continue the practice, which was advocated by founding Mormon pioneers and remains in the scripture of the Church of Jesus Christ of Latter-day Saints. Utah officially outlawed polygamy in 1890 as a condition of statehood.