While it was ground-breaking, the Kody Brown polygamy lawsuit seems to have been pushed on to the back burner because Utah’s same-sex marriage ban was overturned. However, what does Kody Brown mean for the church?
The wording of OD1 states
Inasmuch as laws have been enacted by Congress forbidding plural marriages, which laws have been pronounced constitutional by the court of last resort, I hereby declare my intention to submit to those laws….I now publicly declare that my advice to the Latter-day Saints is to refrain from contracting any marriage forbidden by the law of the land.
Now that Utah’s cohabitation laws have been struck down, Woodruff’s “advice” means that Kody is not contracting in any marriage forbidden by the law of the land (nor will anyone else that wants to enter into polygamist relationships.) Brown’s marriages while not recognized by the state bear strong similarities to the marriages performed prior to the Manifesto. Obviously the reason for the suspension of the practice in 1890 was because of the laws of the United States. If the practice of plural marriage is now legal, is there any reason why Mormons should be excommunicated for participating in plural marriage?
Mormon Heretic 
The church has operated for many years in countries that permit polygamy. Its policy has been the same there as here. This is a result, in part, of the Smoot hearings, in which Congress in essence forced the Church to declare that plural marriage was prohibited throughout the world, not just the U.S.
You are spot on– thank you for this post. The reason polygamy was discontinued was because it became illegal -end of story. Now that the same sex marriage rights have given polygamy rights seekers a vehicle I see no stopping them (the polygamists) from full credibility in getting licensed etc and recognition. Polygamy is certainly a preferred practice to the “illogical’ gay marriage practice. Polygamy’s got my vote
The new ruling on cohabitation states that only 1 marriage license is recognized. Any additional marriages / licenses would not be recognized and thus would not be considered legal. Basically, a man can have 1 legal wife and as many cohabitants as he wishes. The cohabitants would not be entitled to any legal benefits, and sexual relations with these cohabitants would still be considered adultery. I would have to think they would still get excommunicated.