United States Tenth Circuit

In a 42 U.S.C. section 1983 action brought by subscribers to the religious doctrine of polygamy who filed an application for a marriage license with defendant-county clerk who refused to issue the marriage license, summary judgment for defendant-clerk is vacated and remanded for dismissal where: 1) plaintiffs forfeited any challenge to the constitutionality of Utah's civil prohibition of polygamous marriages; and 2) they lacked standing to bring claims against defendant based upon the purported unconstitutionality of Utah's criminal prohibition of polygamy.

Appellate Information

• Decided 08/29/2007
• Published 08/30/2007

Judges

• HOLMES, Circuit Judge., Before TACHA, Chief Judge, HARTZ and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian M. Barnard, Utah Legal Clinic, Salt Lake City, UT, for Plaintiffs-Appellants.


• For Appellees:
  
• Mark Shurtleff, Utah Attorney General (Nancy L. Kemp, Assistant Utah Attorney General), Salt Lake City, UT, for Defendant-Appellee.