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Utah State Capitol Building

The act of marrying or being married to more than one person at a time is referred to as Polygamy. For decades polygamy has been illegal in the United States. One of the most prominent laws passed against polygamy being the Edmunds Act of 1882 making polygamy a felony. The state of Utah has had various challenges in regards to laws against polygamy throughout time because of the early settlers primarily part of The Church of Jesus Christ of Latter-day Saints religion. During settlement time as Utah petitioned to become a state on more than 5 occasions the petition was denied. One of the biggest factors in the denial of statehood was the allowance of the practice of polygamy. The beginning exposure to plural marriage during that time lead to "fifty-five proposed constitutional amendments. . . between 1879 and 1924"

While attention was first given to polygamy in the late 1800s and early 1900s it is not a resolved issue. The Church of Jesus Christ does not currently practice polygamy, however, Fundamentalist Church of Jesus Christ of Latter-Day Saints does continue the practice of polygamy which has lead to various protests, trials, and laws made concerning bigamy or polygamy. In recent years the attention brought to cases regarding gay, lesbian, and bisexual marriages has cause rise in laws regarding plural marriage as well. In addition to the many cases regarding sexual intimacy rights and anti-bigamy laws, there were many prominent figures who played influential roles in the evolution of polygamy in the state of Utah.

Throughout the twenty first century Utah Legislation has passed several laws and amendments modifying the original anti-bigamy laws. These modifications have come as results of a more complete understanding of polygamy and the many ways that it is practiced. Many polygamist men marry girls younger than the age of 18. This understanding lead Utah to pass the Child Bigamy Amendment outlining under aged marriages without proper consent a second degree felony. In 2014 another modification was made in that cohabitation of multiple partners was expunged thus allowing polygamy to be practiced as long as a man or women was only legally married to one person.

Evolution of Utah polygamy law

House Bill 307

In 2003, House Bill 307 introduced a new child bigamy amendment. This new law proposed a specific definition of what child bigamy is and how it is viewed under the law. It stated that if a person above the age of 18 years were to marry or cohabitate with a person under the age of 18, they would be guilty of a second degree felony. This bill changed the criminal code by adding the second degree felony charge to the listed offenses. The 2008 House Bill 31 aimed to redefine child welfare laws and certain kinds of abuse. This bill included child bigamy under the term "sexual abuse". It placed child bigamy on the same level as incest, sexual battery, and lewdness involving a child. Child bigamy remains a form of sexual abuse today.

House Bill 99

On May 5, 2017 House Bill 99 (HB99) became effective in Utah. The bill was a response to the Brown v Buhman case, filed by reality TV star Kody Brown from the TLC show Sister Wives. HB99 slightly changes the definition of bigamy and child-bigamy. Many polygamists practice their beliefs by being legally married to one wife while making spiritual commitments, equivalent to marriage, to their other wives. HB99 deems the cohabitation of a man with multiple women whom he refers to as wives illegal, even in relationships between consenting adults. The bill also establishes a stronger emphasis on unlawful behavior within polygamist groups. Many polygamist communities across the state of Utah have been suspected of or exposed for committing a number of crimes such as domestic violence and child abuse. The bill aimed to implement harsher punishment towards polygamists who are also engaged in additional criminal activities such as domestic violence and child abuse. Bigamy is traditionally a third-degree felony, however, HB99 makes a modification, it states that when bigamy is accompanied by other charges such as domestic violence, child abuse, or sex trafficking it is classified as a third degree felony.. HB99 maintains to protect those who left bigamous relationships on the grounds of abuse or minors who have left bigamous marriages that were forced upon them through the safe harbor amendments included in the bill.

HB99 was sponsored by Utah state senator Kevin T. Van Tassell (whose daughter is engaged in a plural marriage) and Utah state representative Michael E. Noel. After its passing in congress, the bill was signed by Utah Governor Gary Herbert on March 28, 2017. A short time before, polygamists and others who opposed the bill rallied at the Utah state capitol to protest the legislation on February 10, 2017. Many polygamists and polygamist supporters argued that the bills punitive approach was unconstitutional by targeting a specific religious minority. Most polygamist groups are break-offs of the mainstream Latter-Day Saint Church which abandoned the practice of polygamy in 1890. Many people who still practice plural marriage today believe that having multiple wives is doctrine and should never have been disavowed by The Church of Jesus Christ of Latter Day Saints. The bill further criminalizes their polygamist lifestyle and puts them at an even greater risk of being in trouble with the

Prominent legal cases

Tom Green

Polygamist Tom Green came into the spotlight in 1999 when he told Dateline NBC that he had multiple wives during the making of a documentary. This sparked interest in Juab County Attorney David O. Leavitt to begin an investigation. In April of 2000, Leavitt charged Green with bigamy, criminal non-support, and child rape. The main offense against Green was his marriage to Linda Kunz, who was 13 when the couple was married. In June of 2002 Green was sentenced to five years to life in prison.

Warren Jeffs

Warren Jeffs is the incarcerated leader of the Fundamentalist Latter-day Saints who was arrested in 2006 by a highway patrolman during a traffic stop in Nevada. Jeffs, the self-proclaimed prophet has a long history of arranging marriages among his followers in a suspicious manner, often creating unions between relatives and under-aged girls. Many of his actions were in direct violation of 2003 House Bill 307 outlining child bigamy laws. He was arrested on multiple accounts of being an accomplice to rape and forcing a 14 year old girl to marry her 19 year old cousin. The girl testified in court against Jeffs and in 2007, and he was sentenced to two terms of five years to life in prison. He was sentenced again in 2011 on two accounts of sexual assault involving his own child brides.

Brown V. Buhman

Polygamist Kody Brown and his four wives became infamous across the world when their TLC show "Sister Wives" aired in 2010. Because they made their lifestyle so public, they were forced to take residence in Nevada to avoid Utah law enforcement. It was their case, Brown v. Buhman that inspired House Bill 99.

Regulation of sexual freedom

The legal debates and conflicts regarding polygamy have been exacerbated in the policy changes throughout the U.S. regarding all types of marriage. The Supreme Court case Lawrence v. Texas has given polygamists grounds to raise claims of unconstitutional policies regarding polygamy and bigamy. Lawrence v. Texas was not specifically fighting for marriage rights but as a result of the case the unconstitutionality of laws restricting sexual relationships were brought into question. In response to the Lawrence v. Texas case G. Lee Cook, his wife D. Cook, and desired wife J. Bronson, of Salt Lake City, Utah, filed a lawsuit in hopes to abolish restrictive laws against polygamy. Court cases against anti-polygamy laws argue that such laws are unconstitutional in regulating sexual intimacy, or religious freedom. In the case of Bronson v. Swensen the plaintiffs followed suit as they claimed violation of privacy, religious freedom, and restriction of sexual relationships. Following these claims polygamists began to not only rely on the first amendment for grounds of unconstitutionality, but also used the Fourteenth Amendment that gives all citizens equal protection of law.

In the debates regarding polygamy the necessity to distinguish or categorize various types of marriages has become more relevant. A societal view on the purpose marriage and its variants determine the regulations and policies made. (p. 1670). If marriage is viewed as means of reproduction only polygamy is accepted. If marriage is viewed as a means of compassion and individual fulfillment and satisfaction polygamy is rejected. (p.1677)

In addition to the arguments against regulation of sexual intimacy an aspect of legislative policy that directly relates to and affects the issue of the legality of polygamy is legislature regarding the marriage of minors, or those who are under the age of 18. Utah State Code indicates that any male or female under the age of 18 must receive signed consent of legal guardians, and a judge, after determining the legitimacy of the impending marriage, giving permission for that marriage to take place. In many polygamist communities men marry young girls in their teenage years and are often results of arranged marriages. Polygamist Rodney Holm illegally married a sixteen-year-old, who later fled the marriage and polygamist community because of abuse. Tom Green, a polygamist from the Utah desert, was tried in 2000 on counts of bigamy and marriage of underage girls. Of the five wives he currently had all were below the age of 18 when they were first married to Green which resulted in his conviction in jail and later parole.

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Effects of polygamy on the family

Under U.S. law any person who wishes to immigrate to the U.S. but practices, or intends to practice, polygamy is denied entrance. Regardless of the legality of the plural marriage in the country of origin, the U.S. government will only recognize one marriage thus, a man with multiple wives can only sponsor one wife who wishes to immigrate to the U.S. If a man who practiced polygamy in his maternal country wishes to sponsor more than one wife he must divorce the wife in the U.S first. Any women who succeeds in avoiding the bar on polygamy is denied basic legal rights regarding marriage, divorce, and financial support. The denial of these rights "perpetuates the cycle of 'abuse and exploitation' that is sometimes synonymous with modern-day polygamy".

References

[[Category:Polygamy]] [[Category:Mating systems]] [[Category:Fundamentalist Church of Jesus Christ of Latter-Day Saints]] [[Category:Mormonism and polygamy]] [[Category:United States law and polygamy in Mormonism]] [[Category:United States legislation about religion]] [[Category:Utah law]]