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Herbert: Utah Should Appeal Polygamy Decision

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L-R, Janelle, Christine, Kody, Meri, and Robyn Brown of TLC's "Sister Wives"

Utah’s governor believes the state of Utah should appeal a federal court decision that struck down a key part of the state law banning polygamy. 

The decision in Brown v. Herbert was first issued last December, but only became final this week. It struck down the part of Utah’s law dealing with cohabitation. Kody Brown, who appears on the TV show Sister Wives, had challenged the law on the basis of religious freedom.

After the taping of his monthly TV news conference, Governor Gary Herbert told reporters the state ought to appeal that decision.

“I think when laws are on the books, they should be appealed until there’s no appeal left," Herbert said. "That’s when you find final resolution.  And I expect we’ll be reviewing that and I expect the attorney general to talk to me about what his thoughts are.”

Herbert says damages that may be assessed against the state for violating the Browns’ civil rights are part of what they have to think about as they consider an appeal.

A statement from the Attorney General’s office says they’re reviewing the case and they’ll make a decision on whether to pursue an appeal in the coming weeks.

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