ABC News: Utah senators unanimously pass bill to decriminalize polygamy

Obergefell v. Hodges arguably did enough to provide at least an initial basis to overruling Reynolds v. United States on a secular basis rather than a religious right basis. I do not think that Obergefell makes it an open and shut case as many people do. While Obergefell does speak in rather broad terms about a person’s liberty interest in forming familial relations, it does not define the contours of that liberty interest. I would imagine that a state government would raise public health and social order concerns; however, the former arguably failed in Lawrence v. Texas although it was poorly raised and the latter failed in Obergefell.

Based on the current composition of the Supreme Court, I think that the advocates for polygamy do not want to give the Supreme Court another chance to define the contours of the familial relations interest.

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Cameron L. Atkinson

Cameron Atkinson is a Christian, a published constitutional scholar, a trial and appellate lawyer, and a general hell-raiser. He has received national recognition for his victories in civil rights cases, especially in First Amendment cases. Attorney Atkinson stands out for his written advocacy, and he has taken the lead role in briefing cases to the United States Supreme Court, the United States Court of Appeals for the Second Circuit, the Connecticut Supreme Court, the Connecticut Appellate Court, and multiple New York appellate courts. Attorney Atkinson has successfully represented clients facing criminal charges, including successfully arguing for the reversal of a sexual assault conviction before the Connecticut Supreme Court. He will accept requests for public speaking engagements on a case-by-case basis.

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