Utah Supreme Court

Does Utah's bigamy statute violate religious freedom under the First Amendment? State v. Green Explained

2004 UT 76
No. 20010788
September 3, 2004
Affirmed

Summary

Thomas Green was convicted of bigamy after participating in simultaneous conjugal relationships with multiple women while legally married to one under Utah’s unsolemnized marriage statute. The Utah Supreme Court affirmed his convictions, holding that Utah’s bigamy statute is facially and operationally neutral under First Amendment analysis and not unconstitutionally vague as applied to his conduct.

Analysis

In State v. Green, the Utah Supreme Court addressed whether Utah’s bigamy statute violates the First Amendment’s Free Exercise Clause when applied to religiously motivated polygamy. The case provides important guidance on constitutional challenges to neutral laws of general applicability.

Background and Facts

Thomas Green was an avowed polygamist who participated in simultaneous conjugal relationships with multiple women, fathering approximately twenty-five children. Green avoided having more than one licensed marriage at a time by divorcing each wife before marrying the next, then continuing relationships with all the women as if no divorces had occurred. The State used Utah’s unsolemnized marriage statute to establish that Green was legally married to Linda Kunz, then prosecuted him for bigamy based on his cohabitation with other women during this marriage.

Key Legal Issues

Green raised three main challenges: (1) Utah’s bigamy statute violated his free exercise of religion, (2) the statute was unconstitutionally vague, and (3) the State’s use of the unsolemnized marriage statute was improper. The court applied correctness review to these constitutional questions of law.

Court’s Analysis and Holding

The court applied the Employment Division v. Smith framework, holding that neutral laws of general applicability need not be justified by compelling governmental interests even when they burden religious practices. The court found Utah’s bigamy statute both facially and operationally neutral because it prohibits bigamy for both religious and secular reasons without targeting specific religious groups. The statute also satisfied general applicability requirements because it applies equally to all violators regardless of motivation.

On vagueness, the court emphasized that Green’s conduct clearly fell within the statute’s prohibition against “cohabitation,” noting his conjugal relationships, shared surnames, children, and rotating schedule of intimate relations.

Practice Implications

This decision reinforces that practitioners challenging neutral laws under the Free Exercise Clause face significant hurdles under current federal constitutional jurisprudence. The court’s emphasis on adequate briefing also serves as a reminder that appellate practitioners must fully develop constitutional arguments, including any hybrid rights claims involving multiple constitutional protections, to preserve them for review.

Original Opinion

Link to Original Case

Case Details

Case Name

State v. Green

Citation

2004 UT 76

Court

Utah Supreme Court

Case Number

No. 20010788

Date Decided

September 3, 2004

Outcome

Affirmed

Holding

Utah’s bigamy statute does not violate the Free Exercise Clause, is not unconstitutionally vague as applied, and the State’s use of the unsolemnized marriage statute to establish a predicate for bigamy prosecution was proper.

Standard of Review

Questions of law reviewed for correctness

Practice Tip

When challenging statutes under the Free Exercise Clause, ensure adequate briefing of any hybrid rights claims involving other constitutional protections, as poorly briefed arguments will not be considered on appeal.

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