The polygamous family featured on Sister Wives has been raising eyebrows since the TLC reality show debuted, but now the stars are fighting back against those who disprove of their lifestyle with a lawsuit.
A federal judge ruled Friday that Kody Brown and his wives – Meri, Janelle, Christine and Robyn – are allowed to proceed with their suit challenging Utah’s anti-bigamy law, says The Hollywood Reporter.
The Brown family claims that the current legislation infringes on their constitutional rights, including free speech, due process, freedom of religion, equal protection, and freedom of association.
The Browns, who live in Lehi, Utah, are bringing the suit against Utah County Attorney Jeffrey Buhman, the Desert News and Salt Lake Tribune.
The family had also named the state’s governor and attorney general in the suit, but U.S. District Judge Clark Waddoups dismissed them, reasoning that the attorney general had a policy of not prosecuting consenting adult polygamists.
When Sister Wives debuted in September 2010, Utah Attorney General Jeffrey Buhman suggested to reporters that the family would be prosecuted under Utah's anti-bigamy law. Other critics have also voiced their disapproval of the family’s lifestyle, including HLN’s Nancy Grace.
Grace, a former prosecutor and contestant on last season’s Dancing With the Stars, argued that Brown should go to jail because polygamy is a third-degree felony in Utah. If prosecuted, he could face up to five years in prison and up to a $50,000 fine for each count of polygamy.
In response to their critics at the time, the family released a statement, saying, “We are disappointed in the announcement of an investigation, but when we decided to do this show, we knew there would be risks. But for the sake of our family, and most importantly, our kids, we felt it was a risk worth taking.”
In his ruling, the judge asserted that possible prosecution could have a “chilling effect” on the family's First Amendment rights. However, the Browns are now obligated to prove that the law truly threatens their constitutional rights.
The Brown family are members of the Apostolic United Brethren Church, and boast 17 children.
In an October 2010 appearance on The Oprah Winfrey Show, Kody and his wives told the titular host that they decided to participate in the TLC show because they wanted to raise awareness and understanding about plural marriages.
The one-hour premiere of Sister Wives drew 2.26 million viewers, which was the biggest series debut for TLC since Cake Boss launched in 2009.
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