Infatuation Rules
Infatuation Rules
Photo: Karolina Grabowska
Polygamy was outlawed in federal territories by the Edmunds Act, and there are laws against the practice in all 50 states, as well as the District of Columbia, Guam, and Puerto Rico.
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Read More »The legality of polygamy in the United States is that the practice is a crime and punishable by a fine, imprisonment, or both, according to the law of the individual state and the circumstances of the offense.[1] Polygamy was outlawed in federal territories by the Edmunds Act, and there are laws against the practice in all 50 states, as well as the District of Columbia, Guam,[2] and Puerto Rico.[3] Because state laws exist, polygamy is not actively prosecuted at the federal level,[4] but the practice is considered "against public policy". Many US courts (e.g. Turner v. S., 212 Miss. 590, 55 So.2d 228) treat bigamy as a strict liability crime: in some jurisdictions, a person can be convicted of a felony even if he reasonably believed he had only one legal spouse. For example, if a person has the mistaken belief that their previous spouse is dead or that their divorce is final, they can still be convicted of bigamy if they marry a new person.[5]
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Read More »Utah made the practice of polygamy a felony in 1935, after the Church of Jesus Christ of Latter-Day Saints publicly repudiated it in 1890, 1904 and 1910. Many convictions followed. Since the 1960s, polygamy prosecutions have been rare. Prosecutions included Robert D. Foster, Steve Bronson, Mark Easterday, Thomas Green, and Rodney Holm. The latter two prompted state supreme court challenges. Both failed. Nevertheless, Utah has remained reluctant to pursue prosecutions, citing a lack of resources, difficulties obtaining convincing evidence, and an understanding that any prosecution would trigger an inevitable appeal to the higher courts. The Supreme Court's 2003 Lawrence v. Texas ruling found that all adult, consensual, non-commercial sexual activity is protected, thus weakening any attempts to prosecute families for private residential or sexual arrangements that did not seek the imprimatur of the state. On December 13, 2013, a federal judge, spurred by the American Civil Liberties Union and other groups,[11] struck down the parts of Utah's bigamy law that criminalized cohabitation, while also acknowledging that the state may still enforce bans on having multiple marriage licenses.[12] The state of Utah appealed the decision, arguing that polygamist Kody Brown lacked standing to bring his civil suit, since his county prosecutor, Jeff Buhman, had not followed through on any plan to prosecute the Brown family. The Tenth Circuit Court of Appeals (Denver) agreed with Utah and overturned the previous decision, thus effectively recriminalizing polygamy as a felony.[13] In 2020, State Senator Deidre Henderson introduced a bill reducing the penalty for polygamy from a five-year prison sentence (as a felony) to an infraction. The bill passed with overwhelming support in Utah's House and Senate. As such, polygamy was downgraded from a felony to an infraction, but it remains a felony if force, threats or other abuses are involved.[14] Federal legislation to outlaw the practice in federal territories was endorsed as constitutional in 1878, despite the religious objections of the Church of Jesus Christ of Latter-day Saints (Mormons), by the Supreme Court, in Reynolds v. United States. Individualist feminism and advocates such as Wendy McElroy and journalist Jillian Keenan[who?] support the freedom for adults to voluntarily enter polygamous marriages.[15][16]
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Read More »Authors such as Alyssa Rower and Samantha Slark argue that there is a case for legalizing polygamy on the basis of regulation and monitoring of the practice, legally protecting the polygamous partners and allowing them to join mainstream society instead of forcing them to hide from it when any public situation arises.[17][18] In an October 2004 op-ed for USA Today, George Washington University law professor Jonathan Turley argued that, as a simple matter of equal treatment under law, polygamy ought to be legal. Acknowledging that underage girls are sometimes coerced into polygamous marriages, Turley replied that "banning polygamy is no more a solution to child abuse than banning marriage would be a solution to spousal abuse".[19] Stanley Kurtz, an American conservative fellow at the Hudson Institute, rejects the decriminalization and legalization of polygamy. He stated: Marriage, as its ultramodern critics would like to say, is indeed about choosing one's partner, and about freedom in a society that values freedom. But that's not the only thing it is about. As the Supreme Court justices who unanimously decided Reynolds in 1878 understood, marriage is also about sustaining the conditions in which freedom can thrive. Polygamy in all its forms is a recipe for social structures that inhibit and ultimately undermine social freedom and democracy. A hard-won lesson of Western history is that genuine democratic self-rule begins at the hearth of the monogamous family.[20] In January 2015, Pastor Neil Patrick Carrick of Detroit, Michigan, brought a case (Carrick v. Snyder) against the State of Michigan that the state's ban of polygamy violates the Free Exercise and Equal Protection Clause of the U.S. Constitution.[21][22] As of 2008 some conservative Muslims in the U.S. engaged in polygamous relationships in which each had one wife with a legal marriage and others with only religious marriages.[23] Around that time a phenomenon of polygamy occurred among Muslims in Philadelphia who were black.[24] Utah reduced polygamy from a third-degree felony to a minor infraction on May 13, 2020.[8][9]
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