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Tuesday, September 07, 2004

BIGAMY CONVICTION UPHELD IN UTAH: From the Salt Lake Tribune

The Utah Supreme Court on Friday upheld the bigamy conviction of outspoken polygamist Tom Green.

The justices ruled Utah's bigamy law does not single out polygamists for religious prosecution, but furthers the state's interest in regulating marriage, preventing fraud and stopping child sex crimes.

Green, 56, is serving up to five years in prison for four counts of bigamy and one count of criminal nonsupport.

Green was convicted of child rape in a separate case for fathering a child with stepdaughter Linda Kunz, who became his so-called "spiritual wife" at the age of 13. ...

Attorney John Bucher, who represented Green in the appeal, said the outcome was disappointing. He said the justices missed an opportunity to consider how a recent U.S. Supreme Court decision striking down laws banning gay sex could have supported Green's appeal. ...

Attorney Brian Barnard filed arguments with the high court supporting Green on behalf of the Utah Civil Rights and Liberties Foundation. He called the decision a step backwards for religious freedom in Utah.

"This kind of stuff means that the polygamist community will continue to be secret, continue to be a closed society," he said. "Child victims of abuse or wives who are victims of violence will be more reluctant to come forward."

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