Jessica Levinson is quoted here.
Jessica Levinson, a professor at Loyola Law School in Los Angeles, says the Browns will argue that criminalizing polygamy violates the 14th Amendment’s guarantees of due process and equal protection, as well as the First Amendment’s clauses guaranteeing the free exercise of religion, free speech, and freedom of association.
“Kody Brown is saying it all boils down to holding that if you can’t criminalize private, same-sex conduct, then why can you criminalize polygamists?” says Ms. Levinson.
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