I was thinking about the show sister wives this morning. (I don't like how they do things but that's a discussion for another time) I remember them having to leave Utah because he was facing possible prosecution. Is that how it is in most states? I didn't think they were doing anything that was actually illegal since he only legally married one of them.
Link to laws?
- Thread starter Emmy37
- Start date
Until very recently, Utah had a law on the books that not only prohibited legal marriage to more than one person, it also prohibited LIVING WITH more than one person whether you were married or not.
The Browns faced prosecution because even though Kody is only legally married to his first wife, Meri, he was in effect cohabitating with all four of his wives, thereby breaking the law.
In large part because of work by the Browns, that law has now been changed; while Utah, like (as far as I know) every other US state, still prohibits *legal* marriage to more than one, they no longer have a law against cohabitation with more than one partner.
As far as I know, in all other states, the only law is against legally marrying more than one person; living together and even having non-legal commitment ceremonies with more than one person are not against the law. (Best Friend has a high school friend who recently joined with two men in a single commitment ceremony in New York, for example.)
The Browns faced prosecution because even though Kody is only legally married to his first wife, Meri, he was in effect cohabitating with all four of his wives, thereby breaking the law.
In large part because of work by the Browns, that law has now been changed; while Utah, like (as far as I know) every other US state, still prohibits *legal* marriage to more than one, they no longer have a law against cohabitation with more than one partner.
As far as I know, in all other states, the only law is against legally marrying more than one person; living together and even having non-legal commitment ceremonies with more than one person are not against the law. (Best Friend has a high school friend who recently joined with two men in a single commitment ceremony in New York, for example.)
So how would you take this law to read? I went looking for the laws in my own state.
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=13&Chapter=005&Section=00206
"A person having a husband or wife living who marries another person, or continues to cohabit with such second husband or wife in this state, shall be imprisoned not more than five years. This section shall not extend to a person whose husband or wife has been continually beyond the sea, or out of the state for seven consecutive years, the party marrying again not knowing the other to be living within that time; or to a person whose former marriage has been avoided by divorce or sentence of nullity, or was contracted under the age of consent and not afterwards assented to."
Would this mean you cannot marry than one person or that you cannot live with more than one person? The word cohabit has me wondering if even living together is illegal.
Then I found this little piece that shows how polygamy could technically be legal in some states because of same sex marriage laws.
http://vermontpolygamy.blogspot.com/
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=13&Chapter=005&Section=00206
"A person having a husband or wife living who marries another person, or continues to cohabit with such second husband or wife in this state, shall be imprisoned not more than five years. This section shall not extend to a person whose husband or wife has been continually beyond the sea, or out of the state for seven consecutive years, the party marrying again not knowing the other to be living within that time; or to a person whose former marriage has been avoided by divorce or sentence of nullity, or was contracted under the age of consent and not afterwards assented to."
Would this mean you cannot marry than one person or that you cannot live with more than one person? The word cohabit has me wondering if even living together is illegal.
Then I found this little piece that shows how polygamy could technically be legal in some states because of same sex marriage laws.
http://vermontpolygamy.blogspot.com/
The use of the words "marries" and "husband or wife" would indicate to me that this clause refers solely to *legally marrying* more than one person. But I'm not a lawyer.
However, when the Brown family's struggles were making the news, I vaguely recall hearing that Utah was the only US state that prohibited cohabitation *outside* the bounds of legal marriage; that is, the only state that said not only could you not marry someone else, you couldn't even live with someone else. I might be wrong on that, and I don't have time to do the research right now.
However, when the Brown family's struggles were making the news, I vaguely recall hearing that Utah was the only US state that prohibited cohabitation *outside* the bounds of legal marriage; that is, the only state that said not only could you not marry someone else, you couldn't even live with someone else. I might be wrong on that, and I don't have time to do the research right now.
RichardInTN
Member
Interestingly enough, the anti-"gay rights" people that were arguing on religious grounds were inadvertently fighting FOR polygamous marriage (or at least polygynous marriage... one husband, many wives) with their whole "We need to return to Traditional Marriage... as it's laid out in The Bible".
Because, if one looks closely at The Bible, there are numerous mentions of men with multiple wives.
Because, if one looks closely at The Bible, there are numerous mentions of men with multiple wives.
I have issues with the whole idea of letting words in a book dictate how someone lives their life. Just let people do what makes them happy as long as it's not hurting anyone.
Wikipedia provides some information on the subject. There are plenty of antiquated laws on the books about "impropriety," especially adultery. If I remember right, cohabitation can pose a problem in many states. Before recent changes in Utah Law there was language that prohibited "marriage-like arrangements," without specifying what constitutes "marriage-like." It makes me wonder if my V could get in trouble for our commitment ceremony if it became a part of public record.
Usually governments hesitate to enforce old sex laws, unless an individual has pissed off governmental authorities in some other way. Canada recently gave polyamory the official okay, while reaffirming that polygamy is not okay and I'm not sure what kind of polyamory would look like polygamy to the Canadian authorities. Cohabitation and commitment ceremonies (especially if they were done in public) come to my mind in that regard, and I don't know what the exact laws are. As for the United States, you can probably practice polyamory just about however you want, but "probably" doesn't equal "definitely."
Re: the Bible ... definitely condones (patriarchal) polygyny. An uncomfortable detail that your average Bible thumper always overlooks. Actually there's a lot of uncomfortable details that those guys overlook. Almost everyone (both good guys and bad) cherry-picks when it comes to Biblical matters.
Re (from Emmy37):
I agree, though alas it'll be a long time before the world is really ready for that simple philosophy. Part of the problem is that people can twist the facts so as to claim that "it's hurting someone," e.g., gay marriage supposedly undermines the definition of marriage which supposedly hurts our whole society.
Usually governments hesitate to enforce old sex laws, unless an individual has pissed off governmental authorities in some other way. Canada recently gave polyamory the official okay, while reaffirming that polygamy is not okay and I'm not sure what kind of polyamory would look like polygamy to the Canadian authorities. Cohabitation and commitment ceremonies (especially if they were done in public) come to my mind in that regard, and I don't know what the exact laws are. As for the United States, you can probably practice polyamory just about however you want, but "probably" doesn't equal "definitely."
Re: the Bible ... definitely condones (patriarchal) polygyny. An uncomfortable detail that your average Bible thumper always overlooks. Actually there's a lot of uncomfortable details that those guys overlook. Almost everyone (both good guys and bad) cherry-picks when it comes to Biblical matters.
Re (from Emmy37):
I agree, though alas it'll be a long time before the world is really ready for that simple philosophy. Part of the problem is that people can twist the facts so as to claim that "it's hurting someone," e.g., gay marriage supposedly undermines the definition of marriage which supposedly hurts our whole society.
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RichardInTN
Member
I agree with that. I was just pointing out the irony. That their book doesn't say what they think it does.
Bluebird
Well-known member
I live in Maryland, and a ceremony would make us illegal, even if we don't file paperwork. Cohabitation and fornication are ok. Adultery is grounds for divorce and a $10 fine. So we are good, as long as my legal husband isn't looking to leave me and we don't have a ceremony. I very much want a ceremony, so we will be moving in the next couple of years.
From what I've read, Polygamy is illegal in all states, while cohabitation is illegal in most states. After doing the research for my own state, I made sure my spouses knew that our lifestyle is considered, illegal. Though from what I've read it depends on the source as to whether or not those laws make the poly lifestyle a misdemeanor or a felony.
