Polygamy & the Law

Utah Constitution & Criminal Code

Arizona Statutes that could impact Polygamists

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United States Supreme Court Decisions

Musser v. Utah (1948)


More coming…

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National ACLU Policy on Plural Marriage

Our Position on the Child Bigamy Bill (2003)

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We seek the following objectives, not necessarily in this order:

1. That the polygamy prohibition in the Utah Constitution, Article 3, Section, be removed, since it is most likely unconstitutional, in that it places Utah on an unequal footing with other states in the nation.

2. That the bigamy statute be rewritten, striking the “cohabitation” and “purport to marry” clauses. Bigamy should be limited to an offense where fraud has been committed against the state and/or spouse, as is the case in other states. Bigamy should not apply to non-legal relationships between consenting adults.

3. That the cohabitation statute historically applied to polygamists in the raids period of the 40s and 50s be stricken. Cohabitation with more than one member of the opposite sex should not be against the law. Utah’s existing statutory language is vague and unenforceable.

4. Any references to religious commitment ceremonies between consenting adults ought to be stricken from law, and decriminalized. Our clerics should not be at risk of prosecution for performing religious commitment ceremonies which neither they nor the state consider legal.