Capstone

Internal Memorandum

Date: 12/24/2013

To: Michael A Lowry

Cc: Amy Auten

From: Amy Auten

RE: Deborah Evans – Bigamy defenses of the State of Utah

Facts:

Deborah Evans met Aaron Conway and his wife Barb Conway 10 years ago at a Mormon Church located in Canyon County for religious groups. This Church has existed 20 years with 100 members who strongly believe in polygamist marriages. Ms. Evans moved in with the Conway's three years ago in which Mr. Conway and Ms. Evans began dating with the permission of his present wife Barb Conway. In 2012, Mr. Conway decided he wanted to be married to Deborah Evans but still being married to Barb Conway. As part of their religious beliefs they applied for a marriage license in Canyon County, Utah. When applying for their marriage license in Canyon County they were denied and told that polygamy in the state of Utah is not legal and since Mr. Aaron Conway is already married to Mrs. Barb Conway they could not get married. At this point the Conway's and Ms. Evans sued the State of Utah for their right to practice bigamy based off of their religious beliefs. The trial court ruled against them, and denied the individuals the marriage license. They would like to appeal the trial court for its decision.

Issue:

This will discuss the statues and law of the Utah state to appeal against our clients claims of constitutional violations, and religious rights to carry out with the marriage as a religious right.

Discussion:

When discussing the issue of bigamy, the one case ruling, heavily relied on is Lawrence v Texas, 539 U.S. 558 (2003) when making the verdicts, this should influence the intimate relationship with the clients and show that having the religious beliefs will help out in this matter. This case will be used that they are overstepping the Fourteenth Amendment stating that it protects same-sex or plural marriages, of...