Legal Opinion · Concurring in part, dissenting in part

State v. Holm

Utah Supreme Court

Decided May 16, 2006No. 20030847Published

1Concurring in part, dissenting in partDurham, Chief Justice

T131 I join the majority in upholding Holm's conviction for unlawful sexual conduct with a minor. As to the remainder of its analysis, I respectfully dissent. As interpreted by the majority, Utah Code section 76-7-101 defines "marriage" as acts undertaken for religious purposes that do not meet any other legal standard for marriage-acts that are unlicensed, unsolemnized by any civil authority, acts that are indeed entirely outside the civil law, and unrecognized as marriage for any other purpose by the state-and criminalizes those acts as "bigamy." I believe that in doing so the statute…

2Cases cited62 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. Pennoyer v. NeffSupreme Court of the United States · 1878
  4. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  5. Robinson v. CaliforniaSupreme Court of the United States · 1962

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