Court Dismisses Sec. 1983 Claim Based on Denial Of Marriage License
Bronson v. Swensen, --- F.3d ----, 2007 WL 2430124(10th Cir. August 29, 2007)
Ps’ § 1983 claim of denial of their right to free exercise of religion and privacy against county clerk who denied them a marriage license for a polygamous second marriage, which is banned under Utah civil law, was ordered dismissed by the 10th for lack of subject matter jurisdiction. First, because Ps’ opening appellate brief addressed only the criminal law banning polygamy, the 10th held that they forfeited any argument regarding constitutionality of the civil statute. Second, the district court lacked subject matter jurisdiction over any constitutional attacks on Utah’s criminal polygamy law because Ps lacked standing: they could show no injury in fact, no causation, and could not show that even if they would be injured, the injury would be redressed by a favorable decision.
Ps’ § 1983 claim of denial of their right to free exercise of religion and privacy against county clerk who denied them a marriage license for a polygamous second marriage, which is banned under Utah civil law, was ordered dismissed by the 10th for lack of subject matter jurisdiction. First, because Ps’ opening appellate brief addressed only the criminal law banning polygamy, the 10th held that they forfeited any argument regarding constitutionality of the civil statute. Second, the district court lacked subject matter jurisdiction over any constitutional attacks on Utah’s criminal polygamy law because Ps lacked standing: they could show no injury in fact, no causation, and could not show that even if they would be injured, the injury would be redressed by a favorable decision.
posted by Anonymous at 11:18 AM
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