'Sister Wives' planning polygamy petition to US Supreme Court

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'Sister Wives' Planning Polygamy Petition to U.S. Supreme Court

SALT LAKE CITY (KSTU) -- Reality TV polygamist Kody Brown and his wives have been given more time to pursue an appeal to the nation's top court in their lawsuit against the state of Utah over polygamy.

In a filing with the 10th U.S. Circuit Court of Appeals in Denver, U.S. Supreme Court Justice Sonia Sotomayor granted the Brown family's request for additional time to file a petition for certiorari. They have until Sept. 10.

Brown family attorney Jonathan Turley had previously told FOX 13 he would be taking their case to the U.S. Supreme Court after the 10th Circuit ruled against them.

Brown and his four wives, Meri, Christine, Janelle and Robyn, sued Utah in 2012 over its historic ban on plural marriage. The family was the subject of a bigamy investigation by police in Lehi shortly after their TV series, "Sister Wives" began airing. The Browns said the state's anti-polygamy laws infringe on their rights to privacy and religious freedom. In 2014, about a week before another federal judge struck down Utah's same-sex marriage ban, U.S. District Court Judge Clark Waddoups struck down a portion of Utah's polygamy ban and made it no longer a crime to cohabitate with multiple people and purport to be married.

The state appealed and the 10th U.S. Circuit Court of Appeals reversed it earlier this year. The U.S. Supreme Court has not considered a polygamy case in more than 100 years.

There are an estimated 30,000 people who believe in fundamentalist Mormonism, the belief system that includes the practice of polygamy. The Utah Attorney General's Office has repeatedly insisted it will not prosecute polygamy alone, but in concert with crimes like underage "marriages," abuse and fraud.

Recently, members of Utah's polygamous communities have begun pushing the state legislature to consider decriminalization of plural marriage.

RELATED: See more photos of the cast of "Sister Wives:"

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'Sister Wives': Kody Brown and wives
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'Sister Wives': Kody Brown and wives
FILE - In this file publicity photo provided by TLC, 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. When the polygamous family learned in December 2013 that a federal judge in Utah struck down key parts of the state's polygamy laws, Brown and his four wives said they cried and felt deeply emotional. The family said they are grateful for the ruling, but said winning the lawsuit they brought against Utah in July 2011 doesn’t ease the pain caused by the significant personal sacrifices they made when they fled the state for Las Vegas under the threat of prosecution. (AP Photo/TLC, George Lange, File)
FILE - In this undated file photo provided by TLC, Kody Brown, center, poses with his wives, from left, Janelle, Christine, Meri, and Robyn in a promotional photo for TLC's reality TV show, "Sister Wives." A lawmaker who says Utah should avoid legislating morality wants to change the law to comply with a federal judge’s ruling striking down key parts of the state’s polygamy laws. (AP Photo/TLC, Bryant Livingston, File)
LAS VEGAS, NV - OCTOBER 03: (L-R) Television personalities Janelle Brown, Kody Brown and Christine Brown from 'Sister Wives' arrive at the show 'RockTellz & CockTails presents Meat Loaf' at Planet Hollywood Resort & Casino on October 3, 2013 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/FilmMagic)
LAS VEGAS, NV - DECEMBER 15: Cast of TLC's 'Sister Wives' Christine Brown, Janelle Brown, Kody Brown, Robyn Brown and Meri Brown attend the Nevada Ballet Theatre's Production of 'The Nutcracker' opening night performance at the Smith Center on December 15, 2012 in Las Vegas, Nevada. (Photo by Marcel Thomas/FilmMagic)
LAS VEGAS, NV - APRIL 13: (L-R) Janelle Brown, Meri Brown, Kody Brown and Christine Brown from 'Sister Wives' attend a pre-show reception for the grand opening of 'Dancing With the Stars: Live in Las Vegas' at the New Tropicana Las Vegas April 13, 2012 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images for AEG Live)
GOOD MORNING AMERICA - Kody Brown, joined by three of his four wives Meri, Janelle, and Christine (his 4th wife Robyn is too pregnant to travel), talks about their show 'Sister Wives,' .on GOOD MORNING AMERICA, 9/21/11, airing on the ABC Television Network. (Photo by Ida Mae Astute/ABC via Getty Images)KODY BROWN, MERI BROWN, JANELLE BROWN, CHRISTINE BROWN
LAS VEGAS, NV - APRIL 14: (L-R) Robyn Brown, Meri Brown, Kody Brown, Christine Brown and Janelle Brown from 'Sister Wives' arrive at the grand opening of Mike Tyson's one-man show 'Mike Tyson: Undisputed Truth - Live on Stage' at the Hollywood Theatre at the MGM Grand Hotel/Casino April 14, 2012 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
GOOD MORNING AMERICA - Kody Brown, joined by three of his four wives Meri, Janelle, and Christine (his 4th wife Robyn is too pregnant to travel), talks about their show 'Sister Wives,' .on GOOD MORNING AMERICA, 9/21/11, airing on the ABC Television Network. (Photo by Ida Mae Astute/ABC via Getty Images)GEORGE STEPHANOPOULOS, KODY BROWN, MERI BROWN, JANELLE BROWN, CHRISTINE BROWN
PLYMOUTH, MA - SEPTEMBER 10: Kody Brown of Sister Wives visits Plymouth Beach on September 10, 2011 in Plymouth, Massachusetts. (Photo by Stephen J. Cohen/Getty Images)
BEVERLY HILLS, CA - AUGUST 06: TV personalities Meri Brwon, Janelle Brown, Kody Brown, Christine Brown and Robyn Brown speak duinrg the 'Sister Wives' panel during the Discovery Communications portion of the 2010 Summer TCA pres tour held at the Beverly Hilton Hotel on August 6, 2010 in Beverly Hills, California. (Photo by Frederick M. Brown/Getty Images)
PLYMOUTH, MA - SEPTEMBER 10: Kody Brown of Sister Wives visits Plymouth Beach on September 10, 2011 in Plymouth, Massachusetts. (Photo by Stephen J. Cohen/Getty Images)
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