10th Circuit Rejects Challenge To Polygamy Ban As Frivolous

In Adgeh v. Oklahoma, (10th Cir., Sept. 8, 2011), the U.S. 10th Circuit Court of Appeals in a brief opinion (after refusing to hear oral argument in the case) rejected as frivolous a claim that Oklahoma's statute barring polygamy is unconstitutional. Based on that finding, the court refused to allow plaintiff to proceed in forma pauperis.  Plaintiff's original complaint had primarily cited Biblical examples of polygamy as a basis for his claim. The decision is non-precedential, but may be cited for any persuasive value it has. This is important because another more substantial constitutional challenge to state polygamy laws is pending in the 10th Circuit-- a suit filed in July by the polygamous family featured on the TLC series "Sister Wives" challenging the constitutionality of Utah's statute. (See prior posting.)  [Thanks to Volokh Conspiracy via Steven H. Sholk for the lead.]