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Essay / Research Paper Abstract
This 6 page paper provides case briefs for three separate Utah cases that address the concept of plural marriage. There are five sources listed in the bibliography that are primarily case citations.
Page Count:
6 pages (~225 words per page)
File: MH11_MHutahcase.doc
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Unformatted sample text from the term paper:
and 1995. After being arrested and convicted of polygamy, Green immediately filed an appeal, maintaining that the decision of the court violated his right to free expression of religion
under the First Amendment. Green, who had fathered 25 children by five different women, did not deny that he shared a marriage-like status with his wives, but instead that
state did not have the right to bar him from participation in activities that are a representation of his religions beliefs. Issue The jury convicted Green of bigamy, and
Green appealed the conviction. It was Greens contention that the conviction violated the Free Exercise Clause of the First Amendment. Green also maintained that Utahs bigamy statute, Utah
Code Ann. ? 76-7-101 (1999), was vague and that the lower court acted in error when they applied Utah Code Ann. ? 30-1-4.5 (1999) to an evaluation of Greens marital
or spousal status. The Court initially assessed the content of Greens appeal, which included 39 different points of appeal. Utah appeal procedures outline specific standards that have to
be applied for materials to be reviewed, described within the content of Rule 24 (Utah R. App. P. 24). The Court found that there was not adequate referencing for
many of the points in the appeal, and so granted an appeal based on only the following three points: * Utahs bigamy statute violates his federal constitutional right
to free exercise of religion; * Utahs bigamy statute is unconstitutionally vague in light of Greens conduct; and * the States use of Utahs unsolemnized marriage statute to establish
a legal marriage between Green and Linda Kunz was improper (State v. Green, ?15). These issues are the center of the Utah Supreme Courts evaluation and decision regarding Greens appeal.
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