Polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is ...
is the practice of having more than one spouse. Specifically,
polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any ...
is the practice of one man taking more than one wife while
polyandry
Polyandry (; ) is a form of polygamy in which a woman takes two or more husbands at the same time. Polyandry is contrasted with polygyny, involving one male and two or more females. If a marriage involves a plural number of "husbands and wives ...
is the practice of one woman taking more than one husband. Polygamy is a common marriage pattern in some parts of the world. In North America, polygamy has not been a culturally normative or legally recognized institution since the continent's colonization by Europeans.
Polygamy became a significant social and political issue in the United States in 1852, when
the Church of Jesus Christ of Latter-day Saints
The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a nontrinitarian Christian church that considers itself to be the restoration of the original church founded by Jesus Christ. The ch ...
(LDS Church) made it known that a form of the practice, called
plural marriage, was part of its doctrine. Opposition to the practice by the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
government resulted in an intense legal conflict, and culminated in LDS Church
president
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
Wilford Woodruff
Wilford Woodruff Sr. (March 1, 1807September 2, 1898) was an American religious leader who served as the fourth president of the Church of Jesus Christ of Latter-day Saints (LDS Church) from 1889 until his death. He ended the public practice of ...
announcing
the church's official abandonment of the practice on September 25, 1890. However, breakaway
Mormon fundamentalist
Mormon fundamentalism (also called fundamentalist Mormonism) is a belief in the validity of selected fundamental aspects of Mormonism as taught and practiced in the nineteenth century, particularly during the administrations of Joseph Smith, ...
groups living mostly in the western
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, and
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
still practice plural marriage. In the United States, ''de facto'' polygamy is illegal under federal law, under the
Edmunds Act
The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882,U.S.History.com is a United States federal statute, signed into law on March 23, 1882 by President Chester A. Arthur, declaring polygamy a felony in federal territories. The act ...
, and all states have laws against
bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
.
Definition
Polygamy is defined as the practice or condition of one person having more than one spouse at the same time, conventionally referring to a situation where all spouses know about each other, in contrast to
bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
, where two or more spouses are usually unaware of each other.
Polyandry is the name of the practice or condition when one female has more than one male spouse at the same time.
Legality
Canada
In Canada, polygamy is a criminal offence under section 293 of the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
, which provides for a penalty of up to five years imprisonment, but prosecutions are rare. As of January 2009, no person had been prosecuted for polygamy in Canada in over sixty years.
This changed in 2014, when polygamy charges were brought against
Winston Blackmore
Winston Blackmore (born August 25, 1956) is the leader of a polygamous Fundamentalist Latter Day Saint religious group in Bountiful, British Columbia, Canada. He is described as "Canada's best-known avowed polygamist". He has 150 children with h ...
and
James Oler.
The federal
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
applies throughout the country. It extends the normal definition of polygamy to having any kind of conjugal union with more than one person at the same time. Also anyone who assists, celebrates, or is a part to a rite, ceremony, or contract that sanctions a polygamist relationship is guilty of polygamy. Polygamy is an offence punishable by up to five years in prison.
Edith Barlow, a mother of five in the polygamous community of
Bountiful, B.C., was denied permanent residence and was asked to leave the country after ten years in Canada.
Alberta
A 2005 report by the Alberta Civil Liberties Research Centre recommended that Canada decriminalize polygamy, stating: "Criminalization is not the most effective way of dealing with gender inequality in polygamous and plural union relationships. Furthermore, it may violate the constitutional rights of the parties involved."
British Columbia
In 2007, the Attorney General of
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
expressed concerns over whether this prohibition is constitutional, and an independent prosecutor in British Columbia recommended that Canadian courts be asked to rule on the constitutionality of laws against polygamy. The
Supreme Court of British Columbia upheld Canada's anti-polygamy section 293 of the Criminal Code and other ancillary legislation in a 2011
reference case
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question conce ...
. On March 9, 2018, the Supreme Court of British Columbia upheld the constitutionality of Canada's anti-polygamy laws again.
Mexico
Prior to Spanish colonization, polygamy (polygyny) was widely accepted and practiced by the indigenous people of what is now Mexico. In contrast to Eurocentric views of marriage and property in which land and other belongings were perceived as being owned by individuals or couples, indigenous people regarded property in a more communal manner, facilitating the existence of polygamy. This practice was most commonly practiced amongst the elites of the Aztecs (
pipiltin
The Pipiltin (sg. ''pilli'') were the noble social class in the Mexica Empire. They are below the ruling nobles in the civilization's social structure and above the commoners who achieved noble status due to an outstanding deed in war. These peop ...
), whereas average members of the society (
macehualtin
The mācēhualtin ( IPA: , singular ''mācēhualli'' ) were the commoner social class in Aztec society.
The Aztec social class of the ''mācēhualtin'' were rural farmers, forming the majority of the commoners in the Aztec Empire. The ''mācē ...
) were more likely to keep to monogamous relationships. Because the number of wives that one could marry was based off of the male's economic capacity,
calpulli leaders and pipiltin were the only members of the community capable of maintaining multiple wives.
At the turn of the 16th century, the
Catholic Monarchs of Spain, Queen Isabella I of Castille and King Ferdinand II of Aragon, began their imposition and conquest on indigenous peoples. Citing the
Sixth Commandment of the Roman Catholic Bible as reason for prohibition of polygamy, the so called Laws of Toro (1505) were instituted. These gave the
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
exclusive control over the statues for legitimization of marriage, and declared monogamy to be the only legitimate form of marriage.
In 1876, anglosaxon Mormons from the United States fled to the Mexican states of
Sonora and
Chihuahua after the prohibition of polygamy in the United States. Ten years later, the
Book of Mormon
The Book of Mormon is a religious text of the Latter Day Saint movement, which, according to Latter Day Saint theology, contains writings of ancient prophets who lived on the American continent from 600 BC to AD 421 and during an interlude d ...
was translated to Spanish by Meliton G. Trejo and Jamie Z. Stewart.
In 1895, Mormonism in Mexico took root with its own colony in
Ciudad Juárez. In 1937, Nauha-Mexican evangelist,
Margarito Bautista, presented himself among the
Third Convention, advocating for the reinstatement of
plural marriage. However, Bautista's plead was quickly rejected and he was expelled from the movement.
Today, polygamy is illegal in Mexico and it's consequences are outlined in the 16th Title of the 2nd Volume of the Federal Penal Code, called "Against Civil Status and Bigamy" under Article 279. The marriage of more than one partner can result in up to a five year sentence in federal prison. However, some unofficial cases of polygamy remain present in the country.
United States
Polygamy 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. Polygamy was outlawed in federal territories by the
Edmunds Act
The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882,U.S.History.com is a United States federal statute, signed into law on March 23, 1882 by President Chester A. Arthur, declaring polygamy a felony in federal territories. The act ...
, and there are laws against the practice in all 50 states, as well as the District of Columbia, Guam, and Puerto Rico. Because state laws exist, polygamy is not actively prosecuted at the federal level, 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.
Utah reduced polygamy from a third-degree felony to a minor infraction on May 13, 2020.
Polygamy and immigration
Accordingly, the U.S. government does not recognize
bigamous
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
marriages for immigration purposes (that is, would not allow one of the spouses to petition for immigration benefits for the other), even if they are legal in the country where the bigamous marriage was celebrated. Any immigrant who is coming to the United States to practice polygamy is not eligible for
permanent resident immigrant status.
History
Scots-Irish settlers, and some
Welsh emigrants, carried long-standing multiple partner traditions from
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located entirel ...
to the
Americas
The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World.
Along with th ...
.
Utopian and communal groups which were established during the mid-19th century had varying marriage systems, including
group marriage
Group marriage or conjoint marriage is a marital arrangement where three or more adults enter into sexual, affective, romantic, or otherwise intimate short- or long-term partnerships, and share in any combination of finances, residences, care ...
and
polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any ...
. There is also some evidence for the existence of multiple marriage partners in the
American South, particularly after the
Civil War
A civil war or intrastate war is a war between organized groups within the same state (or country).
The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
.
[
Polygamy has also been practiced, discreetly, by some Muslims who are living in America.][Philly's Black Muslims Increasingly turn to polygamy]
/ref> However, these polygamous marriages are not recognized by American law.
Because polygamy has been illegal throughout the United States since the mid-19th century, and because it was illegal in many individual states before that period of time, sources on alternative marriage practices are limited. Consequently, it is difficult to get a clear picture of the extent of the practice both in the past and the present.
Early Latter Day Saint practice
The Mormon practice of plural marriage was officially introduced by Joseph Smith
Joseph Smith Jr. (December 23, 1805June 27, 1844) was an American religious leader and founder of Mormonism and the Latter Day Saint movement. When he was 24, Smith published the Book of Mormon. By the time of his death, 14 years later, ...
, the founder of the Latter Day Saint movement
The Latter Day Saint movement (also called the LDS movement, LDS restorationist movement, or Smith–Rigdon movement) is the collection of independent church groups that trace their origins to a Christian Restorationist movement founded by J ...
, on July 12, 1843. Because polygamy was illegal in the state of Illinois
Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockf ...
, it was practiced in secret during Smith's lifetime. During the 1839–1844 Nauvoo era, while several Mormon leaders (including Smith, Brigham Young
Brigham Young (; June 1, 1801August 29, 1877) was an American religious leader and politician. He was the second president of the Church of Jesus Christ of Latter-day Saints (LDS Church), from 1847 until his death in 1877. During his time as ch ...
and Heber C. Kimball
Heber Chase Kimball (June 14, 1801 – June 22, 1868) was a leader in the early Latter Day Saint movement. He served as one of the original twelve apostles in the early Church of the Latter Day Saints, and as first counselor to Brigham Young ...
) took plural wives, any Mormon leaders who publicly taught the polygamous doctrine were disciplined. For example, Hyram Brown was excommunicated
Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...
on February 1, 1844. In May 1844 Smith declared, "What a thing it is for a man to be accused of committing adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
, and having seven wives, when I can only find one."
After the death of Joseph Smith, the practice of polygamy continued to exist in the Church of Jesus Christ of Latter-day Saints
The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a nontrinitarian Christian church that considers itself to be the restoration of the original church founded by Jesus Christ. The ch ...
(LDS Church), which was then led by Brigham Young
Brigham Young (; June 1, 1801August 29, 1877) was an American religious leader and politician. He was the second president of the Church of Jesus Christ of Latter-day Saints (LDS Church), from 1847 until his death in 1877. During his time as ch ...
. In the territory that became Utah, and some surrounding areas, plural marriage was openly practiced by LDS Church adherents. In 1852, Young felt the LDS Church in Utah was secure enough to publicly announce their practice of polygamy. However opposition from the U.S. government threatened the legal standing of the LDS Church. President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
Wilford Woodruff
Wilford Woodruff Sr. (March 1, 1807September 2, 1898) was an American religious leader who served as the fourth president of the Church of Jesus Christ of Latter-day Saints (LDS Church) from 1889 until his death. He ended the public practice of ...
announced the LDS Church's official abandonment of the practice on September 25, 1890. Woodruff's declaration was formally accepted
''Accepted'' is a 2006 American comedy film directed by Steve Pink (in his directorial debut) and written by Adam Cooper, Bill Collage and Mark Perez. The plot follows a group of high school graduates who create their own fake college after bei ...
in an LDS Church general conference on October 6, 1890. The LDS Church's position on the practice of polygamy was reinforced by another formal statement in 1904 called the Second Manifesto, which again renounced polygamy.
Although the Second Manifesto ended the official practice of new plural marriages, existing plural marriages were not automatically dissolved. Many Mormons, including prominent LDS Church leaders, maintained existing plural marriages well into the 20th century. A small percentage of adherents rejected the change, identifying as Mormon fundamentalists and leaving the mainstream LDS Church to continue practicing plural marriage.
Mormon fundamentalism
Some sects that practice or at least sanction polygamy are the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS), the Latter-day Church of Christ and the Apostolic United Brethren. Polygamy among these groups persists today in Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
, Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, Colorado
Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...
, Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, and some neighboring states, as well as up to 15,000 isolated individuals with no organized church affiliation. Polygamist churches of Latter Day Saint origin are often referred to as "Mormon fundamentalist
Mormon fundamentalism (also called fundamentalist Mormonism) is a belief in the validity of selected fundamental aspects of Mormonism as taught and practiced in the nineteenth century, particularly during the administrations of Joseph Smith, ...
"; however, the main LDS Church has rejected polygamy since the early 20th century. Mormon fundamentalists often use an ambiguous September 27, 1886 revelation to John Taylor as the basis for continuing the practice of plural marriage.
The ''Salt Lake Tribune
''The Salt Lake Tribune'' is a newspaper published in the city of Salt Lake City, Utah. The ''Tribune'' is owned by The Salt Lake Tribune, Inc., a non-profit corporation. The newspaper's motto is "Utah's Independent Voice Since 1871."
History
A ...
'' estimates there may be as many as 37,000 Mormon fundamentalists, with less than half living in polygamous households. Most polygamous groups are composed of about a dozen extended Mormon fundamentalist organizations. The LDS Church asserts it is improper to call any of these splinter polygamous groups "Mormon."
Current polygamist groups
Members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) practice polygamy in arranged marriages
Arranged marriage is a type of marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures a professional matchmaker may be us ...
that often, but not always, place young girls with older men. Most FLDS members live in Hildale, Utah
Hildale is a city in Washington County, Utah, United States. The population was 1,127 at the 2020 census.
Hildale is located on the border of Utah and Arizona.
History
Hildale, formerly known as Short Creek Community, was founded in 1913 by ...
and Colorado City, Arizona
Colorado City is a town in Mohave County, Arizona, United States, and is located in a region known as the Arizona Strip. As of the 2020 census, the population of the town was 2,478, down from 4,821 in 2010. At least three Mormon fundamentali ...
, about 350 miles southwest of Salt Lake City, with other communities in Canada, Texas and other areas of the North American west.
In 1998, about 40,000 people living in Utah were part of a polygamist family, or about 1.4 percent of the population.[James Brooke. "Utah Struggles With a Revival of Polygamy. " New York Times ew York, N.Y.23 August 1998, Late Edition (East Coast): 12. ProQuest Newsstand. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007] Polygamists have been difficult to prosecute because many only seek marriage licenses for their first marriage, while the other marriages are secretly conducted in private ceremonies. Thereafter, secondary wives attempt to be seen in public as single women with children.[
Mormon fundamentalist sects tend to aggregate in individual communities of their own specific sect and basis for polygamy. These small groups range from a few hundred up to 10,000, and are located across Western North America,] including:
* Bountiful, British Columbia
* Pringle, South Dakota
* Ozumba, State of Mexico
* Centennial Park, Arizona
* Colorado City, Arizona
Colorado City is a town in Mohave County, Arizona, United States, and is located in a region known as the Arizona Strip. As of the 2020 census, the population of the town was 2,478, down from 4,821 in 2010. At least three Mormon fundamentali ...
[
* Bonners Ferry, Idaho][
* ]Lovell, Wyoming
Lovell is the largest town in Big Horn County, Wyoming, United States. The population was 2,360 at the 2010 census.
History
Lovell was named for Henry Lovell, a local rancher.
Built in 1925, the EJZ Bridge over Shoshone River is listed on th ...
* Pinesdale, Montana
Pinesdale is a town in Ravalli County, Montana, United States. The population was 805 at the 2020 census.
The town was incorporated in 1980. It was settled in the early 1960s by fundamentalist Mormons, who selected its secluded location for the ...
* Mancos, Colorado
Mancos is a statutory town in Montezuma County, Colorado, United States. The population was 1,196 at the 2020 census, down from 1,336 in 2010.
The town is in southwestern Colorado, at the base of Mesa Verde National Park, and holds the trademar ...
* Davis County, Utah
Davis County is a county in northern Utah, United States. As of the 2010 United States Census, the population was 306,479, making it Utah's third-most populous county. Its county seat is Farmington, and its largest city is Layton.
Davis Count ...
* Salt Lake County, Utah
Salt Lake County is located in the U.S. state of Utah. As of the 2020 United States Census, the population was 1,185,238, making it the most populous county in Utah. Its county seat and largest city is Salt Lake City, the state capital. The cou ...
* Tooele County, Utah
Tooele County ( ) is a county in the U.S. state of Utah. As of the 2010 United States Census, the population was 58,218. Its county seat and largest city is Tooele. The county was created in 1850 and organized the following year.
Tooele Count ...
* Utah County, Utah
Utah County is the second-most populous county in the U.S. state of Utah. The county seat and largest city is Provo, which is the state's third-largest city, and the largest outside of Salt Lake County. As of the 2020 United States Census, th ...
* Motaqua, Utah
* Cedar City, Utah
* Hanna, Utah
* Hildale, Utah
Hildale is a city in Washington County, Utah, United States. The population was 1,127 at the 2020 census.
Hildale is located on the border of Utah and Arizona.
History
Hildale, formerly known as Short Creek Community, was founded in 1913 by ...
* Manti, Utah
Manti ( ) is a city in and the county seat of Sanpete County, Utah, United States. The population was 3,276 at the 2010 United States Census.
Description
Manti was the first community in Utah to be settled outside the Wasatch Front and served as ...
* Rocky Ridge, Utah
Rocky Ridge is a town on the northeastern edge of Juab County, Utah, United States. As of the 2010 census it had a population of 733, and in 2018 the estimated population was 833.
The town is located on the northern edge of the Juab Valley in t ...
* Sanpete Valley
Sanpete County ( ) is a county in the U.S. state of Utah. As of the 2010 United States Census, the population was 27,822. Its county seat is Manti, and its largest city is Ephraim. The county was created in 1850.
History
The Sanpete Valley ma ...
, Utah
* Modena, Utah
Modena is an unincorporated community in far western Iron County, near the Nevada border in southwestern Utah, United States.
Geography
The settlement lies along State Route 56 west of the city of Parowan, the county seat of Iron County. Its ...
* Eldorado, Texas
Eldorado ( , -) is a city in and the county seat of Schleicher County, Texas, United States. The population was 1,951 at the 2010 census. Eldorado is located on U.S. Highway 277 some north of Sonora and south of San Angelo, Texas.
Geograph ...
* Preston, Nevada
* Lund, Nevada
Recent cases
The practice of informal polygamy among fundamentalist groups presents several legal issues. It has been considered difficult to prosecute polygamists for bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
, in large part because they are rarely formally married under state laws. Without evidence that suspected offenders have multiple formal or common-law marriage
Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
s, these groups are merely subject to the laws against adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
or unlawful cohabitation
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increas ...
– laws which are not commonly enforced because they also criminalize other behavior that is otherwise socially sanctioned. However, some "Fundamentalist" polygamists marry girls prior to the age of consent, or commit fraud to obtain welfare
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
and other public assistance.
In 1953, the state of Arizona investigated and raided a group of 385 people in the polygamist-practicing colony of Hildale and Colorado City, straddling the Utah-Arizona border. All the men were arrested and the children were placed with foster families. A judge eventually ruled this action illegal, and everyone returned to the community, which now contains about 10,000 people.
In 2001, in the state of Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
in the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, Juab County Attorney David O. Leavitt successfully prosecuted Thomas Green, who was convicted of criminal non-support and four counts of bigamy for having five serially monogamous marriages, while living with previous legally divorced wives. His cohabitation was considered evidence of a common-law marriage to the wives he had divorced while still living with them. That premise was subsequently affirmed by the Utah Supreme Court in State v. Green, as applicable only in the ''State of Utah. Green'' was also convicted of child rape
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whethe ...
and criminal non-support.
In 2005, the state attorneys-general of Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
and Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
issued a primer on helping victims of domestic violence and child abuse in polygamous communities. It was subsequently updated four times, the latest in 2011. Enforcement of crimes such as child abuse, domestic violence, and fraud were emphasized over the enforcement of anti-polygamy and bigamy laws. The priorities of local prosecutors are not covered by this statement.
In 2008, starting on April 4, Texas State officials took 436 women and children into temporary legal custody after Rozita Swinton, a 33-year-old woman living in Colorado Springs, Colorado, called both Texas Social Services and a local shelter claiming to be a 16-year-old girl. She made a series of phone calls to authorities in late March, claiming she had been beaten and forced to become a "spiritual" wife to an adult man. Acting on her calls, authorities raided the ranch in Eldorado, about 40 miles south of San Angelo. The YFZ Ranch
The YFZ Ranch, or Yearning for Zion Ranch, was a Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) community of as many as 700 people, located near Eldorado in Schleicher County, Texas, United States. In April 2014, the State o ...
is owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints
The Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS Church) is a religious sect of the fundamentalist Mormon denominations whose members practice polygamy. The fundamentalist Mormon movement emerged in the early 20th century, ...
(FLDS), a Mormon offshoot that practices polygamy. Two men were arrested for obstructing the raid but were later released. Several men were found guilty and convicted of sexual assault, rape, and bigamy involving underage girls.
The stars of the TLC show ''Sister Wives
''Sister Wives'' is an American reality television series broadcast on TLC that premiered on September 26, 2010. The show documents the life of a polygamist family, which includes Kody Brown, his wife Robyn, ex-wives (Meri, Janelle, Christ ...
'' challenged the state of Utah's bigamy laws, though also acknowledging that the state's constitutional ban of plural marriage licenses would remain regardless of the lawsuit's outcome. On December 13, 2013, US Federal Judge Clark Waddoups
Clark Waddoups (born April 21, 1946) is a senior United States district judge of the United States District Court for the District of Utah.
Education and legal career
Waddoups received his Bachelor of Arts degree from Brigham Young University ...
ruled in '' Brown v. Buhman'' that the portions of Utah's anti-polygamy laws which prohibit multiple cohabitation
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increas ...
were unconstitutional, but also allowed Utah to maintain its ban on multiple marriage licenses. Unlawful cohabitation, where prosecutors did not need to prove that a marriage ceremony had taken place (only that a couple had lived together), had been a major tool used to prosecute polygamy in Utah since the 1882 Edmunds Act
The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882,U.S.History.com is a United States federal statute, signed into law on March 23, 1882 by President Chester A. Arthur, declaring polygamy a felony in federal territories. The act ...
. The United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Distr ...
reversed the decision on April 11, 2016 On January 23, 2017, the Supreme Court of the United States declined to hear arguments from the husband and four wives who star in the television show ''Sister Wives'', letting stand a lower court ruling that kept polygamy a crime in Utah.
Public opinion
In the United States, 23% of people believe that polygamy is morally acceptable, according to a 2022 Gallup poll.
See also
* Alamo Christian Foundation
* ''Big Love
''Big Love'' is an American drama television series that aired on HBO from March 12, 2006 to March 20, 2011. It stars Bill Paxton as the patriarch of a fundamentalist Mormon family in contemporary Utah that practices polygamy, with Jeanne Tri ...
''
* Darger family
* David Koresh
David Koresh (; born Vernon Wayne Howell; August 17, 1959 – April 19, 1993) was an American cult leader who played a central role in the Waco siege of 1993. As the head of the Branch Davidians, a religious sect and offshoot of the Davidian Se ...
* Legal status of polygamy
The legal status of polygamy varies widely around the world. Polygyny is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. Polyandry is illegal in virtually every country and strictly prohi ...
* List of polygamy court cases
Polygamy is the state of being married to more than one person at the same time. It is illegal in many countries. The following is a list of polygamy court cases:
Canada
* '' Reference re: Section 293 of the Criminal Code of Canada'', 2011 BCSC ...
* Oneida Community
The Oneida Community was a perfectionist religious communal society founded by John Humphrey Noyes and his followers in 1848 near Oneida, New York. The community believed that Jesus had already returned in AD 70, making it possible for the ...
* Polygamy in Christianity
* Polygyny in Islam
Traditional Sunni and Shia Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny).
Scriptural basis
The verse most commonly referred to with the topic of polygamy is Verse 3 of Surah 4 An ...
* ''Sister Wives
''Sister Wives'' is an American reality television series broadcast on TLC that premiered on September 26, 2010. The show documents the life of a polygamist family, which includes Kody Brown, his wife Robyn, ex-wives (Meri, Janelle, Christ ...
''
* ''Sons of Perdition'' (film)
References
Further reading
* Kilbride, Philip. "Plural Marriage for Our Times: A Reinvented Option?" Bergin & Garvey; 1994.
* Lauman, Edward O., John H. Gagnon, Robert T. Michael, and Stuart Michaels. ''The Social Organization of Sexuality: Sexual Practices in the United States: Chapter 13: Sex, Cohabitation, and Marriage.'' Chicago: University of Chicago Press, 1994.
* Loue, Sana. ''Sexual Partnering, Sexual Practices, and Health, Chapter Two: Multi-Bonding: Polygamy, Polygyny, Polyamory." Springer Publications, 2005.
* Murdock, George Peter. Social Structure. New York: MacMillan Company, 1949. .
* Pearsall, Sarah M.S., ''Polygamy: An Early American History.'' New Haven, CT: Yale University Press, 2019
* Blackmore, Mary Jayne, ''Balancing Bountiful: What I Learned About Feminism from My Polygamist Grandmothers. ''Halfmoon Bay, BC: Caitlin Press, 2020. .
External links
"Public Vows: A History of Marriage and the Nation". Excerpt, 2005.
Official Declaration—1
Full text of the Manifesto and other background statements from LDS Church Doctrine and Covenants
Manifesto of 1890
article from the ''Encyclopedia of Mormonism
The ''Encyclopedia of Mormonism'' is a semi-official English-language encyclopedia for topics relevant to the Church of Jesus Christ of Latter-day Saints (LDS Church, see also "Mormon"). The five-volume texts have been digitized and are available ...
''
"Plural Marriages After the 1890 Manifesto"
essay by Quinn, via archive available from the Wayback Machine
The Wayback Machine is a digital archive of the World Wide Web founded by the Internet Archive, a nonprofit based in San Francisco, California. Created in 1996 and launched to the public in 2001, it allows the user to go "back in time" and see ...
{{DEFAULTSORT:Polygamy In North America
Marriage, unions and partnerships in Canada
Mormonism and polygamy
North American culture
North America
Polygamy in the United States