Donna Bryson of the Associated Press has this report on yesterday’s Tenth Circuit oral argument in Brown v. Buhman, where the State of Utah is challenging a district court’s ruling striking down parts of a state law banning polygamy. The case was brought by reality television personality Kody Brown and his four wives.
It will be interesting to see whether the courts will extend the rationale of Obergefell to hold that marriage is not limited to two persons. I’m not sure whether that precise question is presented by this case — the news report mentions that the plaintiffs are raising claims based on religious liberty and the right to privacy — but that question is bound to arise sooner or later.
Hat tip to How Appealing.
