Reasons for Decriminalizing Polygamy
Utah’s Bigamy Statute
A person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person. Bigamy is a felony of the third degree.” (Utah Code Annotated, 76-7-101.5)
Arizona’s Bigamy Statute
A person having a spouse living who knowingly marries any other person is guilty of a class 5 felony. (Arizona Code 13-3606)
Reasons for Decriminalizing Polygamy Among Consenting Adults
Decriminalization would:
1. Remove the stigma of criminality barrier so that polygamists would feel safe when seeking services they legally qualify to receive.
2. Enable law enforcement to focus on those more serious crimes generally occurring in all cultural and demographic groups.
3. Define the lifestyle of polygamy to be no more criminal than adultery, fornication and homosexuality (all Constitutionally protected since the 2003 LAWRENCE decision).
4. Make Utah’s definitions of bigamy more like those used in most of the States.
5. Establish the fact that informed, consenting adults living in polygamy are NOT felons and should not be considered to be felons.
6. Eliminate polygamists’ risk of losing their employment and/or homes because of their lifestyle or creed.
7. Allow polygamous families to be more open about their lifestyle within society and when dealing with the government.
8. Help eliminate the constant fear of arrest for otherwise law-abiding polygamists.
9. Reduce polygamists’ reluctance to report real crimes and to cooperate with relevant agencies who can provide help for victims.
10. Enable social service agencies and others to address polygamous families more fairly and set aside stereotypes. This would also remove any requirement to report them to DCFS or other law enforcement simply because of their lifestyle.
