On June 18,1997 the Salt Lake Tribune printed an article which included a ruling by a U.S. District Judge, Dee Benson, involving the institution of polygamy.

Article written by Sheila R. McCann:

JUDGE: ACT DOES NOT PROTECT POLYGAMY

Henry, Mark and Hyrum Barlow were ready to buy four lots in a small Lehi subdivision to build homes for their families. The $468,070 purchase price was set and Utah County zoning approval was pending.

Sellers of the lots, Neal and Barbara Evans, became suspicious the men were practicing polygamy and backed out of the deal last year. The Barlows sued, alleging the Evans had violated the Federal Fair Housing Act by refusing to sell based on religion.

But U.S. District Judge Dee Benson has dismissed the suit, ruling polygamy, "unquestionably unlawful," does not qualify for protection under the Fair Housing Act (FHA).

"The court believes that Congress did not intend for the FHA to require citizen sellers of real estate to deal with lawbreakers, or perceived lawbreakers, even if the lawbreaking activity is based on a genuine religious belief," Benson wrote.

Common sense says the act- intended to provide fair housing to all Americans- does not extend to abetting criminal behavior, he said.

"Such an interpretation would require sales of houses that sellers know [or strongly suspect] are to be used as drug houses, brothels or even altars for human sacrifices, if such criminal practices were engaged in as part of the buyer's religious beliefs," Benson said.

The Barlows claim they are not polygamists, but are "descended from and closely related" to people who practice polygamy as part of their religion.

Benson's decision ends their federal discrimination case, but they can pursue breach of contract claims in state court. Their attorney, Vince Rampton, did not return a call Tuesday.

Rampton had unsuccessfully argued the judge should examine the Evan's motives or "religious animus," rather than the Barlows' alleged polygamy.

When Neal Evans called Henry Barlow to cancel the sale, Evans said he had "spent the entire day in the temple researching the matter," the attorney noted. That "admission" clearly showed that the decision was "because of religion," Rampton argued

Ruling agaist the Barlows "would permit sellers and landlords to bar anyone from purchasing or renting on the sole basis that the sellers or landlords dissaproved of them on religious grounds, by putting the purchaser's or renter's religious beliefs on trial," Rampton said.

The Evans' refusal to sell was allegedly on a perceived religious practice, not a belief, the judge noted.

And although the refusal appeared to violate the act, the question was whether polygamy qualified as a protected religious practice, the judge said.

He decided is does not, noting the U.S. Supreme Court has found polygamy to be "one of those rare religious practices that is contrary to the interest of society and undeserving of constitutional protection."

The Prophet Isaiah said that in the last days they (the people) would call evil, good, and good, evil. The ruling and comments from Judge Dee Benson are, in part, a fulfillment of Isaiah's prophetic words. In the Judge's words, he equated plural marriage(polygamy) with drug houses, brothels, and human sacrifice. Perhaps this judge would like to say those same deragatory words to such people as Abraham, Isaac, and Jacob. That would make all the tribes of Israel into criminals and society's outcasts. The height of hypocrisy is reached when such things are said in a state where many of the ancestors of Utah's residents were and are applauded for their faithfulness in living an exalting religious practice and principle called Celestial Plural Marriage, in the past century. Now they call their own grandparents criminals and worse. It should be clear that the early Utah inhabitants were living polygamy in violation of U.S. laws of the time, but considered God's laws to be higher than man's laws. They considered Congress to be corrupt and devoid of moral principles.

Judge Benson declared that polygamy was "undeserving of constitutional protection." That's interesting; the very constitution he refers to ensures the freedom of religious worship. Orson Pratt, a nineteenth century Mormon Apostle, publicly defended the rights of Mormons to live polygamy as a protected religious right under the umbrella of the constitution. That was the LDS stance in the 1800's.

In a day of 'political correctness' homosexuality is acceptable and protected by law and polygamy is not. If the Barlow men were gay and wanted to purchase real estate, there could be no restriction against them doing so. Being in a 'politically correct' category they would receive no such negative attention or denial of constitutional rights. The LDS people, who worship the law of the land instead of the God of the land, will willingly oblige to solemnizing gay marriages in LDS Temples once same sex marriages are approved as being the law of the land. Wicked or not; just as long as it is the law.

The current state of affairs in America today, as revealed by the courts of the land, is in a deplorable condition. As many Prophets, ancient and modern have solemnly declared, when the cup of iniquity is full upon the promised land, then destructions and calamity will sweep the wicked from off the land. This day is verily at hand. When an apostate LDS people and Church participate in persecuting those who embrace true religious principles, then they also are ripe for destruction.

From what is inferred by the Judge's ruling, now landlords and property holders could be protected in their refusal to sell or rent to fellow citizens who they believe are polygamists. Maybe today's 'modern and enlightened' society should exterminate the polygamists entirely; that would surely rid society of such criminal elements. Then surely society would then be more righteous and progressive, closer to God. Whoops! You forgot to realize that it was God who instituted Polygamy! Why don't you cast Him out too! Ah, but God HAS been cast out of today's society. He has no place among the hearts, minds and laws of today's American citizenry. For this very reason the sword of justice hangeth over this nation and is about to fall in fury upon the heads of those who fight against God. Prepare to reap the rewards of those who set at defiance God's laws!

Jeffrey G. Hanks

President, Quorum of Twelve Apostles

The True and Living Church of Jesus Christ of Saints of the Last Days