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BRONSON v. SWENSEN

No. 05-4161.

500 F.3d 1099 (2007)

J. BRONSON, G. Lee Cook, and D. Cook, Plaintiffs-Appellants, v. Sherrie SWENSEN, Salt Lake County Clerk, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 29, 2007.

Attorney(s) appearing for the Case

Brian M. Barnard, Utah Legal Clinic, Salt Lake City, UT, for Plaintiffs-Appellants.

Mark Shurtleff, Utah Attorney General (Nancy L. Kemp, Assistant Utah Attorney General), Salt Lake City, UT, for Defendant-Appellee.

Before TACHA, Chief Judge, HARTZ and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Plaintiffs-Appellants J. Bronson, G. Cook, and D. Cook ("plaintiffs") subscribe to the religious doctrine of polygamy. G. Cook is married to D. Cook. G. Cook and J. Bronson filed an application for a marriage license, and Defendant-Appellee Sherrie Swensen ("Swensen"), the Clerk for Salt Lake County, Utah, refused to issue the marriage license. Plaintiffs subsequently brought a civil rights action under 42 U.S.C. § 1983, alleging that Swensen...

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