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Legal news from Sunday, February 5, 2012 |
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Federal judge allows challenge to Utah anti-polygamy law
Jaimie Cremeans on February 5, 2012 3:14 PM ET

[JURIST] A judge for the US District Court for the District of Utah [official website] ruled [opinion, PDF] Friday that the Browns, a publicly polygamist family living in Utah, have standing to bring a suit challenging Utah's anti-bigamy law against Utah County Attorney General Jeffrey Buhman. The court dismissed challenges brought against Utah Governor Gary Herbert and Utah Attorney General Mark Shurtleff for lack of standing, saying there was insufficient evidence that the state officials had any intention to prosecute the family under these laws. The challenges against Buhman were allowed to stand, however, because there was sufficient evidence that complaints made to county officers had led to an investigation, and there was reason to infer that the county might pursue prosecution under the law. The family challenged the law [JURIST report] in July as a violation of the First and Fourteenth Amendments, saying they are not pursuing legal recognition of their marriage, but simply want to end prosecutions against them and other families who choose this lifestyle.
Kody Brown and his four wives, the plaintiffs in this case, are stars of TLC's reality show Sister Wives [official website]. A police investigation [Utah News report] against them has been ongoing since September 2010, when the show was first announced and premiered. Utah's Anti-Bigamy Statute [statute, text] has been on the books since 1862. While polygamy is now recognized in most of Africa and the Middle East, it is still illegal in most of North and South America, Europe and China. In 2005, the US District Court for the District of Utah rejected a similar lawsuit [JURIST report] brought against Utah's Anti-Bigamy Statute, reaffirming the 1879 US Supreme Court case Reynolds v. United States [text], which upheld a conviction under an anti-polygamy law as constitutional.


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France appeals court upholds Scientology fraud conviction
Matthew Pomy on February 5, 2012 10:54 AM ET

[JURIST] A French court of appeals on Thursday upheld the 2009 fraud conviction against the Church of Scientology [church website, JURIST news archive], fining the defendants a total of €600,000. The decision upheld the original conviction of the Spiritual Association of the Church of Scientology (ASES) [church website, in French], an affiliated bookstore, and seven other members for fraud and illegal practice of pharmacy. The complaint was originally filed [JURIST report] by a woman who was recruited in 1998 and spent €21,000 on the church and was then not allowed to leave or receive a reimbursement. The appeals court ordered the ASES to pay €400,000 [AP report] and the bookstore to pay €200,000 in damages to the woman and two other plaintiffs. France does not recognize Scientology as a religion, but the court denied the plaintiffs' request to disband the group in France entirely.
Scientology, founded by American science fiction author L Ron Hubbard in 1954, has also been challenged in Russia, which recently banned its main texts [JURIST report]. Prior to that, in 2009, Russia attempted to block Scientology from registering as a religion, which prompted the European Court of Human Rights (ECHR) [official website] to condem the decision as discriminatory. That same year, Belgian prosecutor Jean-Claude Van Espen said Scientology should be classified as a criminal organization [JURIST report] after completing a 10-year investigation into the church's activities.


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