Monday, December 16, 2013

Kody Brown's Victory will be reversed (UPDATED)

That's my prediction, and I hope I'm wrong. Here's why the decision will be reversed on appeal:
The Judiciary is highly politicized and tied to the news cycle. I may have missed it, but the almost complete lack of coverage of Brown v. Buhman in the Broadcast media is the proverbial canary in the mine shaft for decriminalization of Plural Marriage/Polygamy.

There has been nothing (as of this writing) on the "Drudge Report." I checked both CNN & Fox and they were late to the table with both of their stories, and despite the fact that I can't watch every channel all the time, I have tuned in enough to know that coverage on Television and Radio was minimal to non-existent. (UPDATE, Apparently Bill O'Reilly opined, but I can't find the transcript or video, I did find a CNN video complete with "plyg" clichés.) Both the political right and the political left are largely ignoring the story. Democratic/Left leaning media sources have begun to point out that Judge Waddoups was a Bush appointee, this using that sort of backhand to discredit the decision. Rush didn't mention it at all on his show (I've listened MOST of the day) until December 18th, 2013. I'm not waiting to hear what Hannity will (or won't) say before sticking my neck out.

Face it. BIBLICAL plural marriage proponents have no friends on the right OR the left. The media KNOWS that and just signaled to the politicized judiciary that they're not going to be looking when the legal mugging occurs. Please remember there was overwhelming evidence (notice I did not say conclusive) that "informant" Rozita Swinton was probably a plant and a tool of law enforcement. This evidence was never followed by the media, either on the right or the left. Why? My best guess is that the outcome of incarcerating FLDS men was so important to both the left and the right, that no one cared how it was done.

I'm going to say we have exactly the same sort of situation here. Some supposed inconsistency of law is going to be cited on appeal, and Judge Waddoups decision will be reversed. My best guess is that it will be that Kody Brown had no standing. This will turn on the fact that he was never prosecuted for his supposed violation of law which will shove us back into the limbo of Law Enforcement using laws that contain phrases like "purport(ing) to be married" to break down your door, and then never trying the suspect for bigamy/polygamy. They will instead ransack the house, perhaps take any children present, and lever the "suspect" into a plea bargain on something like tax evasion or violations of some housing codes.

I fully realize that the case went ahead and the Judge dismissed the idea of "no standing" on the part of the Brown family as avoidance on the part of the State. I agree with him that it was. I was quite happy to see he swept the state's objection aside and went ahead with the case. I think that's the grounds though, on which the decision will be reversed.

I have qualifiers to my prediction. First it may be reversed on more than one or other grounds. Remember, no one is watching and all the right and left care about is a decision they like. They don't like religious plural marriage/polygyny. It's almost always one man with two or more women. It's not egalitarian. Both the left and the right agree on some version of couples only sexual relationships. Second, if someone comes forward, aggressively and uses this moment as a wedge opportunity, and goes to some place like Vermont or Washington DC and demands multiple marriage certificates/licenses at the same time, it might fan the flame of interest. Why those places? These are jurisdictions that have passed same sex marriage laws through their law making bodies. The idea of personal preference governing marriage practice is written into those laws and they are ripe for a test case.

Christians believing in Plural Marraige are largely Libertarian/Right Wing in their other views. They are hopeless idealists and look for all or nothing solutions.* Just as they won't vote for a McCain or a Romney, they will not be part of any incremental or interim solution that involves part of what they're looking for, and what they're demanding is a total exit on the part of all governments. That's not going to happen.

*Dr. Francis Schaeffer: "(I)f you insist on perfection or nothing, you will always have nothing."

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1 comment:

The Miller Family said...

I hope you're wrong but you're probably not.

Thanks for taking the effort to stay informed and involved and to tell the truth about it.