On Wednesday, January 27, 2016, I was interviewed as a guest on The Tom Barnard Show, in Minneapolis, Minnesota, at 12:30 pm local time (1:30 pm ET my time zone).
This interview was based on the ongoing polygamy news cycle from Thursday, January 21, 2016: the “Sister Wives” case, Brown v. Buhman, being heard at the Tenth District U.S. Circuit Court of Appeals, in Denver, Colorado.
The long-experienced professional host, Tom Barnard, initially expected this to be a humorous interview, and he certainly had a great sense of humor. By the end of the interview, he seemed pleasantly and positively surprised at both the seriousness of the discussion and by my comprehensive expertise. Generously addressing me as “Sir” at the end, he very positively said he looked forward to having me back again and that the topic was certainly “fascinating.”
On Monday, January 25, 2016, I was invited as a guest with The Real Bob Mitchell, on WWL in New Orleans, Louisiana, at 2:35 pm local time (3:35 pm ET my time zone).
I was asked to share my polygamy expertise regarding the news of Thursday, January 21, 2016, when the “Sister Wives” case, Brown v. Buhman, was heard at the Tenth Circuit Court of Appeals, in Denver, Colorado.
The host, Bob Mitchell, is a renowned local fixture on radio for decades. During the interview, he declared how he could not understand how or why any law would be going after people without more than one marriage license. I thanked him and said, “Exactly!” He joked that he would be willing to go to the court and explain that for us!
For Monday, January 25, 2016, I was invited as a guest on The Bill Meyer Show, on KMED in Medfield, Oregon, at 7:10 am local time (10:10 am ET my time zone).
I was asked to come on the show to answer questions regarding the news of Thursday, January 21, 2016, when the “Sister Wives” case, Brown v. Buhman, was heard at the Tenth Circuit Court of Appeals, in Denver, Colorado.
I was more than happy to answer questions about UCAP (unrelated consenting adult polygamy) as well as the specifics of the case in court.
The hour portion of that episode (less ad-spots) was posted on the show’s website. My actual interview occurs from 7:45 – 22:35. Just before I went on, I got the impression that the host was anticipating that I might be be some whining liberal-type, demanding government recognition of UCAP (unrelated consenting adult polygamy). But as the interview progressed, he seemed to quite positively realize that I was definitely not that at all. Indeed, after the interview was finished, as the host continued to talk about the topic afterward with callers, he even said, at 26:00, to a caller, “I think that Mark was right!”
The issue of unrelated consenting adult polyamy (UCAP) is proceeding through the courts.
On Thursday, January 21, 2016, the “Sister Wives” case, formally known as Brown v. Buhman, was being heard at the Tenth District Circuit Court of Appeals in Denver, Colorado. This court is the very last court before proceeding up to the Supreme Court of the United States (SCOTUS).
To explain the issues of UCAP polygamy and that particular case, I began giving many media interviews.
For the next afternoon (Friday, January 22, 2016), I was scheduled for 2:05pm ET to give an interview on The Bill Cunningham Show, on 700 WLW, in Cincinnati, Ohio.
In the Fall of 2010, TLC began airing “Sister Wives,” the first-ever polygamy-friendly reality-TV show. The focus of the series was upon Mormon polygamist Kody Brown, his three wives, and all of their children. By the end of the first season, a fourth wife (with three children of her own) was joining the family too. This family had no connection to crimes, underage marriage, or the FLDS. Indeed, the Browns are a committed family, of whom all 5 of the parents married as un-coerced consenting adults.
Moreover, as the national voice for UCAP polygamy rights the last 20+ years, I have repeatedly presented numerous sound-bites that instantly refute and discredit any such irrational attempt to connect UCAP to that criminal (or any such criminals). Here are two quick examples:
“Criminalizing all unrelated consenting adult polygamists (UCAPs) because of Warren Jeffs
Whether Appellees had standing and their claims against Appellant Buhman were ripe at the time of the complaint; and
If so, whether the prosecutorial policy announced in Appellant Buhman’s May 22, 2012 declaration, or any other matters, rendered Appellees’ claims against him moot.
These two odd questions are more about the issues of “standing” than they are about the case itself. This could either be worrisome (indicating bad intent) or positive (indicating pre-emptive problem-solving.) The Tenth District’s U.S. Circuit Court of Appeals is the last court to hear the case before possibly proceeding next up to the final court of the Supreme Court of the United States (SCOTUS). Hence, this “next to last court” might be having a recent Decision by SCOTUS “nagging” the back of their mind.
Namely, as recently as 2013, SCOTUS vacated the Hollingsworth v. Perry case (instead of deciding it) simply because of the lack of correct “standing” issue. For many, the hope of that decision based “on its merits” potentiated it as a possibly very big case too. Truly, if Hollingsworth had been decided “on its merits” rather than being vacated on the technicality of improper “standing,” it might even have had impact on this Brown v. Buhman case. Instead, Hollingsworth had no positive impact for UCAP polygamy.
As such, there is a possibility that the motive behind the Appeals Court asking these two questions is a positive one; it could be that they want to proverbially “dot all the i’s and cross all the t’s” so that SCOTUS will not subsequently vacate this decision too due to the “standing” issue. However, if that is not the intent, then those two questions are worrisome; the questions could otherwise seem to suggest that the court itself is pro-actively looking for ways to intentionally allow such bad law to stay on the books by purposely trying to find such technicalities with which to stop the case at this lower-level court.
Regardless of positive or worrisome intent, however, if the issue of “standing” is so positively addressed and resolved, then that will actually strengthen the eventual case for when/if it moves up to SCOTUS.