Utah Supreme Court upholds polygamy law
 
Chris Vanocur
ABC 4
Rodney and Ruths wedding

A majority of the state's supreme court says polygamy is illegal, but the chief justice disagrees. In an historic 4 to 1 decision, the court ruled Tuesday against a former polygamist police officer.

According to the state, when Ruth Stubbs was 16, she was forced to marry Rodney Holm a man twice her age. But Holm, then a police officer, was eventually convicted of bigamy and unlawful sexual conduct with a minor.

Tuesday, that conviction was upheld by Utah's Supreme Court. But what is surprising to some in the legal community is the unusual dissent from chief justice Chistine Durham.

Using strong language, Durham argues polygamy is a protected religious freedom. In fact, Holm's attorney calls Durham's dissent historic.

Rod Parker, Holm's attorney, said, "In my recollection of cases about polygamy, going all the way back to 1879, I don't think I've seen a dissent like that."

Holm did his time in jail, but is no longer a police officer. Nor is he married to Ruth Stubbs, who summed up her plural marriage in this earlier interview.

Ruth Stubbs, ex-wife: "I think it's wrong. I wish I hadn't got married when I was 16. I am too young to have three kids. I am 19. I am too young to have 3 kids," said Ruth Stubbs.

Holm's attorney told ABC 4 News he's now thinking about appealing the bigamy conviction to the U.S. Supreme Court, which is, ironically, a court which judge Durham has reportedly been considered for in the past.

chris@abc4.tv
 
ABC4.com
Originally broadcast May 16, 2006
 
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