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BRONSON v. SWENSEN

No. 2:04-CV-21-TS.

394 F.Supp.2d 1329 (2005)

J. BRONSON, G. Lee Cook and D. Cook, Plaintiffs, v. Sherrie SWENSEN, Salt Lake County Clerk, Defendant.

United States District Court, D. Utah, Central Division.

February 16, 2005.

Attorney(s) appearing for the Case

Brian M. Barnard, Utah Legal Clinic, Salt Lake City, UT, for Plaintiffs.

Jerrold S. Jensen, Julie V. Lund, Utah Attorney General's Office, Salt Lake City, UT, for Defendant.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

STEWART, District Judge.

Before the Court are Plaintiffs' Motion for Summary Judgment and Defendant's Cross Motion for Summary Judgment. The opposing motions address the same issue: the constitutionality of Utah Code Ann. § 76-7-101, Utah Constitution, Article III, § 1, and the Utah Enabling Act.1 These statutes prohibit the religious practice of polygamy by outlawing bigamy or...

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