AZ Legislature needs to speak out on polygamy
 
By Al Herron
Prescott Daily Courier Columnist
Al Herron

We’ve shown how the Fundamentalist Church of Jesus Christ of Latter Day Saints (up on the Arizona – Utah border) marries teen-age girls against their will to older men with several wives already.

Also, we’ve seen how they use public assistance programs to support their huge families, and how the school district is defrauding the state’s taxpayers. They excel at “bleeding the beast.”

Three years ago, the Arizona Attorney General’s office began an investigation into charges of illegal marriage with underage girls, sexual assault, statutory rape, incest and other such pleasantries up in Colorado City, but so far nothing has come of it. It’s difficult to get witnesses because the Fundamentalist Mormon Church tells them it will shun them for life, and they will spend eternity in hell if they talk.

Also, the Arizona Auditor General’s office has begun an investigation into the practices of the Colorado City School Board. Members routinely use the schools’ credit cards and vehicles for personal use. They spend funds extravagantly, such as buying an airplane, and then make the students raise money to go see "The Wizard of Oz." The students and teachers (none of whom are FLDS any longer) claim that the board members (who are all FLDS) are running the district primarily to benefit the private FLDS schools instead of its public schools.

County school officials told state officials that the district is spending state funds improperly, but nothing more has happened. It’s an "ongoing investigation." I sure hope it gets there someday.

Recently, the State of Utah prosecuted Colorado City police officer Rodney Holm for illegally cohabitating with his teen-age third wife, and the jury found him guilty. Hooray for Utah! They have more gumption than Arizona.

But then the Utah Attorney General said, "We are not prosecuting polygamy itself, but only the crimes, particularly against children, based on religious beliefs." Well, why not prosecute polygamy itself? It’s illegal. I don’t understand why prosecuting it seems to be so unthinkable.

Rodney Holm plans to appeal his case. Fundamentalist Mormons contend that they have a First Amendment right to practice their religion as they choose, even though in 1879 the U.S. Supreme Court ruled that “religious doctrine could not become superior to the law of the land.” It will be interesting to watch.

Our Arizona Constitution explicitly forbids polygamy. Article XX says: "Polygamous or plural marriages, or polygamous cohabitation, are forever prohibited within this state." So why has it survived and flourished long after Arizona became a state?

Primarily, because the Legislature has never enacted the laws necessary to make polygamy a crime. Arizona has no law that says if a man has multiple wives he goes to jail or pays a fine, or some other penalty. The state cannot enforce laws that don’t exist. So, the perpetrators do not become felons; they remain entitled to all the benefits of law-abiding citizens. They continue fleecing the tax system without fear of prosecution or removal from office for being polygamists.

Now, you’re wondering why the Arizona Legislature has never passed such laws, and I do not know the answer. I’ve heard that it’s because Mormons dominated our Legislature through the years, and they certainly do today. They are personally sympathetic to polygamy even though the LDS church officially denounces it. But hearing that doesn’t prove it.

In Arizona, several powerful political clans have polygamous backgrounds: the Flakes, Farnsworths, Udalls, Tenneys, and many others. It could be embarrassing to criminalize what your grandfather did that brought you into the world.

I would like to hear our legislative leaders speak out about polygamy – their feelings about it, their interest in eradicating it, and what efforts they’ve made. Wouldn’t you?
 
prescottaz.com
Originally published Wednesday, September 3, 2003
 
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