Expect to see more of this sort of challenge soon Utah considering decriminilization fo polygamy . . .

Utah’s highest court is considering decriminalizing polygamy. Today the State Supreme Court justices questioned the constitutionality of Utah’s bigamy law. Assistant Attorney General Laura Dupaix argued against decriminalizing polygamy. "The bigamy statute prohibits multiple marriages at the same time. Marriage is a public institution, it’s not private sexual conduct." The court took up the case of Rodney Holm, the Southern Utah police officer who was convicted of bigamy for having three wives. Holm’s lawyer Rod Parker says, "We’re not seeking to reconfigure the institution of marriage. We’re not seeking civil recognition for polygamous marriages. We’re simply seeking to have the conduct of these people decriminalized." Parker also argues that polygamy is a religious freedom

Decriminilization does not make it "legal" thus avoiding the furor that debate would spark. The problem with it being illegal is that other than the equality of opportunity argument, most of the evidence against polygamy is religious rather than public health or welfare. The crimes of polygamists, other than being polygamists, are already covered by laws that would prosecute anyone who beat or abused or coerced someone and the numbers of abusers is not unique to polygamy and there are a lot of polygamous folks who are not abusers, actual divorce and abuse numbers in most cultures are lower than monogamists.

Hoever, the male female access thing is a big one but that is handled with the consent argument and by making polyamory legal rather than simple polygyny.

Not going to change anytime soon, but the winds of change are a’ blowin’.