Facts:
- In 1996, Holm legally marries Suzie Stubbs.
- Later, Holm, a member of the Fundamentalist LDS Church, participates in a religious ceremony with Wendy Holm.
- In 1998, Holm participates in a religious ceremony with 16-year-old Ruth Stubbs, the sister of Holm's first wife.
- Holm, a police officer in Hildale, is arrested and charged with felony counts of unlawful sexual conduct and bigamy.
- In 2002, Holm is convicted by a jury and sentenced to one year in jail, a $3,000 fine and 200 hours community service. Holms request to call fellow FLDS members as expert witnesses on their culture is rejected by the court.
- Holm later appeals his conviction on all charges and the case is sent to the Utah Supreme Court.
The issues:
- Did Holm "purport" to be married to Stubbs?
- Is the definition of "marry" confined to legal marriage or other non-legal marriages under the bigamy statute?
- Is it constitutional to prosecute polygamist relationships under the bigamy statute?
- Were Holm's rights violated when the trial judge did not allow fellow FLDS Church members to testify about the role polygamy plays in FLDS culture?
The ruling:
The Utah Supreme Court upheld Holm's conviction, finding that Holm did "purport" to be married in a ceremony where vows were traded. The high court in a four-to-one opinion found that the definition of marriage under bigamy recognizes marriages that are not state-sanctioned.
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