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The filing cites the landmark “It is clear that states can no longer use criminal codes to coerce or punish those who choose to live in consensual but unpopular unions,” attorney Jonathan Turley said in the filing.

Turley argued modern cases have “rejected the criminalization of private relationships” as well as “rejected barriers based on moral and social bias.” In 2013, the Browns won a legal victory when a federal judge struck down part of Utah’s law banning polygamy. District Judge Clark Waddoups ruled in Brown’s favor, striking down the cohabitation provision of Utah’s polygamy law because it violated the Brown family’s freedom of religion.

All states ban bigamy—legal marriage to more than one person at a time—but Utah alone also bans cohabitation by people claiming to be married to more than one person. The Browns’ church, Utah-based Apostolic United Brethren, holds to plural marriage doctrine.

In 2011, the state opened an investigation into Brown, who is legally married to one woman, but claims to be in a spiritual union with his other three wives. Utah Attorney General Sean Reyes later appealed Waddoups’s decision, arguing the law banning polygamy and polygamous cohabitation protects women and children from abuse.

The court will hear arguments in the case, , this fall.

Turley said Brown and his wives are prepared to take their fight to the Supreme Court.

The Cato Institute, a libertarian think tank based in Washington D.

C., filed an amicus brief in support of the Browns this week.

The brief’s authors argue this case is not a slippery slope to legalized polygamy, as some suggest, but instead a clear-cut case of free speech.

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