On what basis is polygamy illegal?

[gadgetlady 4]

I've been musing about this for some time now and I keep asking people the question but no one ever seems to know the answer. So I thought I'd try here.

I understand polygamy laws that are based on one person falsifying a document and saying they're not married elsewhere (e.g. applying for a marriage license in one state when you're married in another state), but I don't understand the laws against polygamy where all participants are willing and informed of the existing marriage(s). It's my understanding that in a polygamous "marriage", the first wife is "legally" married to the husband, while the following "wives" are "sealed" in a religious ceremony which has nothing to do with the state. So on what basis are these "marriages" illegal? Because the way I see it, it's really just one marriage followed by a series of ongoing affairs that produce children.

Can someone help me understand the law here?

*Disclaimer -- I don't support polygamy (or ongoing affairs -- or even one-time affairs for that matter). I'm just curious about how the law reconciles the issue, because people aren't otherwise prosecuted for having affairs, at least not that I know of.

[WASaBubbleButt 41]

I'll try to find a link I used to have, I think it might shock most folks. It's about the Mormons in Colorado City, AZ. It shows the cost to taxpayers when one man marries 6 wives and each sister wife has 10 kids. It's a HUGE burdon on those who actually pay for these people.

They refer to taxpayers as the "beast" as though we are their enemy. We are the people paying for their sorry butts. When one man has 60 children, it's a bit tough to actually pay his own way in life. So... we do. These kids have sooo many genetic problems and they are a huge expense too. The boys are thrown out of the community when they are adolescents because there just aren't enough girls to go around so each male can have a dozen wives.

I don't care what adults do in the privacy of their own home. They can have 400 spouses if they choose, but I don't want to pay for them. I think that is what has most in an uproar over all this.

[WASaBubbleButt 41]

Here is the link:

Polygamist Groups

[gadgetlady 4]

But I still don't understand the law. What law are they breaking by getting married legally in the eyes of the state once, and then having multiple adulterous relationships (which they consider marriages)?

[BlueEyedKitty 0]

I thought someone should just clarify one little thing, Wasa...

There are no Mormons in Colorado City. The people to whom you are referring are NOT mormons.

[SlimTarnishedDiva 1]

The people who criminally MARRY another person while still married to someone else is called a bigamist...

[kagoscuba 0]

Hey, if it's good enough for Abraham and Moses, it's good enough for me! :car: Seriously though...why would any man want to be married to more than one woman? Oh, the drama!! It's hard enough to keep one woman emotionally satisfied, much less more than one...however, if there were two women or more in the house, they could talk to each other and leave me alone during the game on Sunday...there may be a reason after all!!

[DrewsLou 3]

But I still don't understand the law. What law are they breaking by getting married legally in the eyes of the state once, and then having multiple adulterous relationships (which they consider marriages)?

I have asked this same question many times Gadget! We got really into "Big Love" and I still can't understand why polygamy is illegal.

It's not illegal to be a drain on society is it? (Not that I am condoning that, just sayin')

[Wheetsin 714]

(http://www.absalom.com/mormon/polygamy/faq.htm)

Why is polygamy banned by the Utah constitution?

The short answer is because the people of Utah were coerced by the Federal government.

The longer answer is that, in the United States, we have two separate Jurisdictions. One is the Federal Jurisdiction that applies to the Territories, to government workers, and to Federal Property.

The other jurisdiction is the jurisdiction of the sovereign states.

With that said, most federal laws only apply to those people who request to become subject to the federal government. For example, by becoming a government employee, or by living in a territory that is controlled by the Federal government instead of the states, or by entering federally owned property within the states, such as a military base or post office. The other common way that the Federal government brings people under it's jurisdiction is by offering them money to become part of it's jurisdiction, for example: The Feds give local school districts money for school lunches, the price being that the Feds then regulate how and what foods are prepared. The food regulations don't apply to those schools that don't accept the money.

The reason Utah could not attain statehood without the provision forever banning polygamy being in it's constitution is because once statehood was granted, the Edmunds-Tucker act would become null and void in the State of Utah.

What is the Edmunds-Tucker act?

The Edmunds-Tucker act was designed to destroy the LDS church if it continued the practice of polygamy. Specific provisions included:

• Disincorperated the LDS church and stold it's assets
  
  
• Stold the money from the Perpetual Immigration Fund
  
  
• Required civil marriage licenses
  
  
• Prohibited women from voting
  
  
• Required voters, jurors, and public officials to deny polygamy
  
  
• Replaced local judges with federally appointed judges
  
  
• Took away local control in school textbook choice

What other anti-polygamy laws were passed?

Polygamy was illegal in the territory of Utah by the following acts of congress:

1862 the Anti-Bigamy Act

1874 Poland Act

1882 Edmunds Act

1887 Edmunds-Tucker Act

Is Polygamy illegal?

Federal law prohibits polygamy in the territories. Federal law also does not provide legal recognition of polygamy. It defines marriage as one man, and one woman.

The laws vary from state to state, but in general, if you do not ask for a marriage license from the state for your first (marriage), then you can cohabit with as many people as you like and it is not illegal. Bigamy and Adultery are only crimes for a married person, not for people who are living together. Some jurisdictions have laws against having unmarried sex, but they are never enforced.

It also helps if you avoid labeling your relationship as a marriage. For example, living together is generally not illegal, but representing yourselves as husband and wife may be.

The government is prevented by the constitution from regulating contracts or saying who you may associate with. So you make a contract with another person, the particulars of which contain the usual things that a marriage would be composed of, but you avoid the legal hot words in the body of the contract.

But in general if you avoid a marriage license, and don't represent yourselves on official documents as being married, and don't let them declare that you have a common law marriage, then you can do what you want without worrying about it being illegal.

From the same site, Utah laws about polygamy.

Take it for what it's worth. I don't know near enough about Utah or Federal law to try and back this up, give examples, etc.

[green 6]

I don't understand why the practice is illegal considering that only the first marriage counts as a legal marriage. I watched the first season of Big Love on DVD and was under the impression that the practice remains hidden for social reasons as much as for any other. The rest of us generally speaking find the practice weird and, well, kind of repulsive; and so we don't want to do business with or socialise with these folks.

Of concern to the legal community, I imagine, is the idea that many of these marriages are forced and certainly I cannot imagine that very many young girls are going to be thrilled about being married off to old farts. On the other hand, undoubtedly some of our new citizens who come from countries where arranged marriages are the custom also force their children into marriages which they may not want.

I suspect that the legal system may also be concerned about the likelihood of social dysfunction in these groups: abuse of the junior wives by the jealous senior ones; underage girls being forced to marry which constitutes statutory rape; those forced marriages which can be considered a form of rape; the inadequate care and education of the many children produced; and in the case of at least one of these families, the consistent and deliberate practice of incest for breeding purposes. I will also mention that these groups seem cult-like in that they do remain hidden and the women and the youth are very much under the control of a few old men. These conditions provide a breeding ground for social and psychological dysfunction.

By the way, the site which Wasa has provided provides some absolutely fascinating and chilling reading on these folks. Thanks, Wasa.

One of the concerns raised when Canada legalised same sex unions was that our polygamous groups will demand the same rights and they can use the compelling argument that they have their cultural and religious reasons for this.

[Wheetsin 714]

Of concern to the legal community, I imagine, is the idea that many of these marriages are forced and certainly I cannot imagine that very many young girls are going to be thrilled about being married off to old farts.

There have been cases where the husbands were tried for rape of their 13, 14, 15 year old wives. There have also been cases where they were arrested for abuse, because they beat their daughters that did not want to be their brother's wives. (I believe these cases were cited on the ilnk I posted above).

[phyllisc 0]

There is a book called "God's Brothel" that goes into the LDS groups that live in the Southwest. I believe there is also some sects in Canada. I highly recomend the book. As practiced by these sects, it is a totally disgusting way of life. It is womanizing, incest, child molesting, phyical and mental abuse, welfare fraud and more, all under the guise of religion.

Being legally married to more than one person is against the law, but these people are commiting real crimes whether they are legally married to more than one person or not.

Love the title of the book by the way.

[transformer 1]

I am quite grossed-out now. First the fried cranberry sauce, now we're going on about people who can't even find a person not related to them to marry. Or someone of a legal age for marriage. Oh so icky!

Geez--even I managed to do that! LOL

[gadgetlady 4]

Federal law also does not provide legal recognition of polygamy. It defines marriage as one man, and one woman.

Is this correct? I didn't think it did, thus all of the uproar about gay marriage and the proposed Federal Marriage Amendent.

The laws vary from state to state, but in general, if you do not ask for a marriage license from the state for your first (marriage), then you can cohabit with as many people as you like and it is not illegal. Bigamy and Adultery are only crimes for a married person, not for people who are living together.

So as I read this, the polygamy as currently practiced (as a lifestyle, not talking about the people who secretly marry others that their individual spouses don't know about) is not illegal (barring issues of underage marriage). Is that right?

[littlelove 0]

I always joke to my husband, that he will always be my number one, but if ever I were allowed to have more than one husband, why not. Always been a sexist pig. In the reverse.