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A Utah polygamist is claiming plural marriage is a historic and current success as he attempts to overturn his bigamy and sex offense convictions.
In a 115-page brief filed with the Utah Supreme Court, an attorney for former Hildale police officer Rodney Holm argues the practice of polygamy is a constitutional right that never produced the social ills claimed by its opponents. And, the brief says, monogamy is the minority way of life worldwide.
"Current demographics, domestic relations law, and religious diversity all accommodate plural marriage," attorney Rodney Parker wrote.
He points out there is a broad range of lifestyles in the United States and only two-thirds of children under 18 live in the traditional two-parent household. With the growing divorce and remarriage rate, polygamy - in a serial, rather than concurrent, form - is commonplace, Parker says. In addition, more and more unmarried couples are living together, he says.
"Popular departure from traditional marriage has made our domestic laws on cohabitation and fornication anachronistic," Parker writes. "These laws are not enforced against those practicing new lifestyles, but are asserted as weapons in this case against those living a traditional, family-grounded, religious-based lifestyle. This is ironic."
The appeal also hinges partly on a U.S. Supreme Court ruling last year that struck down the sodomy convictions of two Houston men. A majority of the justices said a Texas anti-sodomy law violated the privacy rights of consenting adults.
Holm is appealing his convictions, including unlawful sex with a minor, which stem from his 1988 "spiritual" marriage to 16-year-old Ruth Stubbs, with whom he had two children. At the time, Holm was legally married to Stubbs' sister and had another spiritual wife.
The three were members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, which embraces plural marriage.
In the brief, filed Wednesday, Parker writes that polygamy opponents in the 1800s complained about the enslavement of women but adds safe houses set up for escaping wives remained mostly empty. Mormon women consistently voted to retain multiple marriage, he says.
He adds plural wives and their husbands still are happy with their marriages and numerous studies back that up.
However, prosecutors contend that there is no constitutional right to have sex with a minor. They add offenses such as forced marriages and child and spousal abuse can be difficult to prosecute in closed polygamous communities.
Holm, 37, who was sentenced to a year in jail after his conviction and released last month, filed his appeal while incarcerated. He is registered as a sex offender and cannot return to his law enforcement job.
In addition to attacking laws against polygamy, Holm is challenging Utah courts' authority over his case, claiming there is no proof that his children were conceived in the state.