Cook (P) sought a marriage license to marry Bronson. Swenson (D) the Salt Lake City-County Clerk refused to issue a license because Cook was already married. Cook are husband and wife and are already legally married. Both Ps consent to the husband marrying Bronson. Ps assert that plural marriage is a deeply held religious belief. D’s refusal to issue the license is a violation of their constitutional rights of association and privacy under the First, and Fourteenth Amendments to the U.S. Constitution. The Utah constitution prohibits plural marriage and was required by the Enabling Act, which permitted Utah to join the Union. Both parties petitioned the court for summary judgment.

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