'Sister Wives' to petition U.S. Supreme Court to recognize plural marriage

Kody Brown, center, poses with his wives, from left, Robyn, Christine, Meri and Janelle, in a promotional photo for the reality series, "Sister Wives" which aired in March, 2011. (Associated Press)

Polygamist Kody Brown of "Sister Wives" fame have been granted more time to pursue an appeal in their case against Utah, FOX13 reports.

U.S. Supreme Court Justice Sonia Sotomayor granted the family until Sept. 10 to file a petition of certiorari to have the nation's top court review their case.

The reality star and his wives sued Utah in 2012 over its historic ban on plural marriage. The Browns were under investigation for bigamy after their TLC reality show aired. They claim the ban on plural marriage infringes on their religious freedom and right to privacy.

In April, the 10th U.S. Circuit Court of Appeals in Denver said the Browns cannot sue Utah because the family never faced charges and local prosecutors later said they would not prosecute consenting adults with multiple wives.

The panel's decision reverses a 2013 ruling that removed the threat of arrest for polygamous families. U.S. District Judge Clark Waddoups had found that the possibility of prosecution drove the Browns out of the state and that key parts of Utah's bigamy law violated their right to privacy and religious freedom.

The Supreme Court has not considered a polygamy case in more than 100 years.

There are about 30,000 polygamists in Utah, according to court documents. They believe polygamy brings exaltation in heaven — a legacy of the early Mormon church. The mainstream Church of Jesus Christ of Latter-day Saints abandoned the practice in 1890 and strictly prohibits it today.

The Associated Press contributed to this report.