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Aug 06 2008

Arizona court: Polygamy with minors not a right

Posted by: Joshuah in Biblical Family

Source: eastvalleytribune.com

Arizonans have no religious right to practice polygamy, at least not with minors, the state Court of Appeals ruled Tuesday.

The judges rejected arguments by a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints that he was legally entitled to have sex with a 16-year-old girl because she was his “celestial wife” as recognized by his religion.

Judge Donn Kessler, writing for the unanimous court, said while the right of individuals to believe whatever they want is absolute, the right to act on it is not.

Tuesday’s decision in the case of Kelly Fischer is not likely to be the end of the legal fight. Attorney David Goldberg said he expects the issue to eventually be decided by the U.S. Supreme Court.

Goldberg acknowledged that the nation’s high court has ruled there is no right to polygamy. But he noted that decision came in 1878.

He said the Supreme Court, in various more recent rulings, has refused to use morality as a basis for deciding constitutional rights. As proof, he cited the 2002 decision striking down a Texas anti-sodomy law.

Goldberg said he believes the Supreme Court, if presented with this issue, will make a similar ruling.

But Goldberg may have a problem not present in that Texas case, in which the participants were both adults.

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