Case Briefs

PA 499 Unit 5 assignment

Case Briefs

Debbie McQueen

August 30th, 2015

State v. Holm Supreme Court of Utah 137P.3d 726 (2006)

Facts:

Rodney Holm an active member of the Fundamentalist Church of Jesus Christ of Latter-day Saints, legally married Suzie Stubbs in 1986.  He later entered into marriages with Wendy Holm and Ruth Stubbs, Suzie’s 16-year old sister.  The marriages to Wendy and Ruth were solemnized in religious ceremonies only and not otherwise registered with the state.  Before reaching age 18, Ruth Stubbs conceived two children with Holm.  The state of Utah charged him with violating the state’s bigamy law and with having unlawful sexual conduct with a minor.  After being convicted, he appealed on the grounds that his conduct was not bigamy and that, in any event, the bigamy law was unconstitutional under state and federal law.

Issue:

Whether Rodney Holms was appropriately convicted for bigamy and unlawful sexual conduct with a minor?

Whether Holm’s behavior violated Utah’s bigamy statute and whether the statute is constitutional?

Rule:

A person is guilty of bigamy when he knowingly has a husband or wife or the other person has a husband or wife and that person intends to marry another person or cohabits with another person.

Utah code section 76-7-101

Analysis:

Holms was guilty of bigamy because he purported to marry Ruth Stubbs, after he was already married. The “purports to marry” language under the bigamy statute is broad enough to include this type of religious solemnization engaged in by Holm and Stubbs. The federal constitution does not protect Holm from bigamy prosecution on religious freedom grounds. We hold that the term “marry” includes both legally recognized marriages and those that are not state sanctioned.

Conclusion:

We conclude that Holm was properly convicted of both bigamy and unlawful conduct with a minor.

Reynolds v. U.S. 98 U.S. 145 (1878)

Facts:

George Reynolds was a prominent member of The...