Kody Brown and family
Encyclopedia
The family of Kody Brown includes patriarch Kody Brown and his wives Meri Brown, Janelle Brown, Christine Brown, and Robyn Brown, a family known for starring on reality television series Sister Wives
and also for their activism against U.S. federal and Utah
state statutes criminalizing polygamy
.
of Utah. Kody Brown has claimed the family is breaking no laws because only the first marriage is a legal marriage, while the others are simply commitments. However, experts claim the fact that the family has been a unit for 16 years and includes children from all three wives could lead prosecutors to characterize the non-marriage unions as common-law marriage
s. Sullivan said the family was worried about legal repercussions and had discussed the matter thoroughly, but decided the positive effects their show could have toward the public perception of polygamy was worth the risks. In anticipation of legal scrutiny, the producers of the show contacted the Utah Attorney General's office months before the series was broadcast. The office has not ruled out pursuing a case against the Brown family, but also stated they do not have the resources to go after polygamists unless they are suspected of serious crime such as child abuse
or child trafficking
. Prior to the Sister Wives premiere, it had been nine years since anyone in Utah had been prosecuted for practicing polygamy.
On September 27, 2010, the day after Sister Wives debuted, police in Lehi, Utah
, announced they are investigating Kody Brown and his wives for possible charges of bigamy
, a third-degree felony, which carries a possible penalty of 20 years in prison for Kody and up to five years in prison for each wife. Once the investigation concluded, the police turned their evidence over to the Utah County Attorney's office for review. Despite the fact that Brown is only legally married to one woman, Lehi police have noted that state code identifies bigamy through cohabitation, not just legal marriage contracts. In response to the investigation, the Browns released a statement: "We are disappointed in the announcement of an investigation, but when we decided to do this show, we knew there would be risks. But for the sake of our family, and most importantly, our kids, we felt it was a risk worth taking." The Brown family hired constitutional law scholar Jonathan Turley
, a vocal critic of anti-polygamy laws, to prepare a legal defense in the event that charges are filed. As a result of the series and legal scrutiny that came with it, Meri lost her job in the mental health industry shortly after Sister Wives debuted, even though her employer knew about the polygamist marriage before the show aired. Additionally, Kody said the show negatively affected some of his advertising sales, with some clients opting to take their business elsewhere due to publicity from the show.
On July 13, 2011, the Browns filed a complaint in United States District Court to challenge to Utah’s criminal polygamy law and released the following statement:
Sister Wives
Sister Wives is an American reality television series broadcast on TLC in 2010. The show documents the life of a polygamist family, which includes patriarch Kody Brown, his four wives and their 17 children. The family began the series living in Lehi, Utah, but has since moved to Las Vegas, Nevada...
and also for their activism against U.S. federal and Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
state statutes criminalizing polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
.
Litigation
Before the Browns starred in the series, attorneys and legal experts claimed that, because polygamy is illegal in the United States, the Browns could potentially have opened themselves up to criminal prosecution through their involvement in the series. Video footage of a marriage ceremony between Kody Brown and Robyn Sullivan could be used as evidence against them if subpoenaed by state attorney generalState Attorney General
The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
of Utah. Kody Brown has claimed the family is breaking no laws because only the first marriage is a legal marriage, while the others are simply commitments. However, experts claim the fact that the family has been a unit for 16 years and includes children from all three wives could lead prosecutors to characterize the non-marriage unions as common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
s. Sullivan said the family was worried about legal repercussions and had discussed the matter thoroughly, but decided the positive effects their show could have toward the public perception of polygamy was worth the risks. In anticipation of legal scrutiny, the producers of the show contacted the Utah Attorney General's office months before the series was broadcast. The office has not ruled out pursuing a case against the Brown family, but also stated they do not have the resources to go after polygamists unless they are suspected of serious crime such as child abuse
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
or child trafficking
Trafficking of children
Trafficking of children is a form of human trafficking. It is defined as the recruitment, transportation, transfer, harboring, or receiving of children for the purpose of exploitation....
. Prior to the Sister Wives premiere, it had been nine years since anyone in Utah had been prosecuted for practicing polygamy.
On September 27, 2010, the day after Sister Wives debuted, police in Lehi, Utah
Lehi, Utah
-Attractions:Lehi Roller MillsLehi Roller Mills was founded in 1906 by a co-op of farmers. George G. Robinson purchased the mill in 1910, and since then it has remained in the family. It is run today by grandson R. Sherman Robinson....
, announced they are investigating Kody Brown and his wives for possible charges of bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
, a third-degree felony, which carries a possible penalty of 20 years in prison for Kody and up to five years in prison for each wife. Once the investigation concluded, the police turned their evidence over to the Utah County Attorney's office for review. Despite the fact that Brown is only legally married to one woman, Lehi police have noted that state code identifies bigamy through cohabitation, not just legal marriage contracts. In response to the investigation, the Browns released a statement: "We are disappointed in the announcement of an investigation, but when we decided to do this show, we knew there would be risks. But for the sake of our family, and most importantly, our kids, we felt it was a risk worth taking." The Brown family hired constitutional law scholar Jonathan Turley
Jonathan Turley
Jonathan Turley is an American lawyer, legal scholar, writer, commentator, and legal analyst in broadcast and print journalism...
, a vocal critic of anti-polygamy laws, to prepare a legal defense in the event that charges are filed. As a result of the series and legal scrutiny that came with it, Meri lost her job in the mental health industry shortly after Sister Wives debuted, even though her employer knew about the polygamist marriage before the show aired. Additionally, Kody said the show negatively affected some of his advertising sales, with some clients opting to take their business elsewhere due to publicity from the show.
On July 13, 2011, the Browns filed a complaint in United States District Court to challenge to Utah’s criminal polygamy law and released the following statement:
“There are tens of thousands of plural families in Utah and other states. We are one of those families. We only wish to live our private lives according to our beliefs. While we understand that this may be a long struggle in court, it has already been a long struggle for my family and other plural families to end the stereotypes and unfair treatment given consensual polygamy. We are indebted to Professor Turley and his team for their work and dedication. Together we hope to secure equal treatment with other families in the United States.”