The Nation - Jeffs may be put away for life, but polygamy's at large in Utah

ST. GEORGE, UTAH — In 1953, the state of Arizona broke up a 385-person polygamous enclave that straddled its border with Utah, arresting all the men and placing the children with foster families.

A judge eventually ruled the action illegal, and members of the Fundamentalist Church of Jesus Christ of Latter Day Saints returned to their homes. Now, 54 years later, the community numbers about 10,000.

The conviction this week of church leader Warren Jeffs as an accomplice to rape was the most significant blow to the insular sect in decades. In November, Jeffs could be sentenced to life in prison.

But several observers believe that even without the physical presence of the man it believes is a prophet, the FLDS could be as resistant to pressure to conform to state laws as it was in the 1950s. And that, in Utah, plural marriage is not going away.

"Utah is a sanctuary for polygamists," said Jay Beswick, who spent years as a children's rights advocate investigating the FLDS. "I don't recall ever seeing Utah as having the willpower to go after polygamy. It's just beyond their capacity."

Utah Atty. Gen. Mark Shurtleff has targeted polygamous groups like the FLDS, but says that his office will not prosecute people solely for multiple marriages. With an estimated 37,000 residents living polygamous lifestyles, Shurtleff said in an interview, that would be impossible.

"Anytime a prosecutor is considering prosecuting a series of crimes, you have to consider your resources," Shurtleff said. "We've got 4,000 jail beds in the state. They'd overwhelm our system."

Instead, Shurtleff has settled for trying to stop underage marriages and abuse in polygamous communities. "It's not something I'm happy with," he said of the scaled-back approach.

Jeffs' conviction involved an underage marriage -- not a polygamous one. On Tuesday, the jury convicted Jeffs of being an accomplice to rape for forcing a 14-year-old girl to marry Allen Steed, her 19-year-old cousin. The victim, now 21, testified that Steed forced her to have sex. On Wednesday, local prosecutors filed a rape charge against Steed and issued a warrant for his arrest.

The trial put a spotlight on the marriage practices in the sect run by Jeffs, where men commonly have multiple wives and dozens of children. Jeffs dictated pairings and performed marriage ceremonies that the state does not recognize as legal.