As reported in today's SL Trib, the 10th Circuit dismissed for lack of standing a challenge by three individuals (husband, first wife, and second-wife-to-be) who were denied a marriage license by the Salt Lake County Clerk's Office for the proposed second marriage. Sounds like a rejected script for a Big Love episode. For legal news junkies, here's a link to the court's opinion, which appears in the short post describing the case over at Religion Clause.
Interestingly, the court rejected the plaintiffs' "fear of prosecution" allegation by pointing out that Utah's criminal laws against polygamy are not being enforced. The state agrees with this. Here's a quote straight out of the SL Trib article: "The ruling also noted the Utah Attorney General Office's stated policy of focusing on crimes within polygamous communities that involve child abuse, domestic violence and fraud, rather than enforcing the law against consenting adults."
Huh. It seems to have escaped the attention of the mainstream media and society at large that laws against plural marriage are no longer being enforced against consenting adults in Utah. Or anywhere else? Here's another intriguing quote from the article: "The ruling makes clear that a credible threat of prosecution is one of the hurdles that must be cleared by any challenge of the state's civil and criminal bans on polygamy." So absent a threat of prosecution, no one has standing to challenge a law that is on the books but (apparently) will not be enforced. Sort of a legal Catch-22.