Is Polygamy Legal in the US? The Laws You Need to Know

Few topics in family law generate as much curiosity and controversy as polygamy. The idea of multiple spouses, historically ingrained in various cultures and religious doctrines, continues to be a subject of legal, ethical, and societal debate. But the pressing question remains: Is polygamy legal in the US? To answer this, we must delve into the intricate legal landscape that governs marriage in the United States.

Understanding Polygamy: Definition and Context

Polygamy refers to the practice of having multiple spouses simultaneously. It takes two primary forms:

• Polygyny: A man having multiple wives.
• Polyandry: A woman having multiple husbands.

While polygamy has existed for centuries in numerous civilizations, modern legal frameworks—especially in Western nations—have largely criminalized the practice. This raises an important legal question: Is polygamy legal in the US? The answer is not as straightforward as one might think.

The Legal Status of Polygamy in the United States

Federal Law: The Bigamy Ban

At the federal level, polygamy is explicitly outlawed. The 1862 Morrill Anti-Bigamy Act, signed into law by President Abraham Lincoln, set the precedent for banning polygamous marriages. This legislation targeted Mormon communities in Utah, where plural marriages were widely practiced. Over time, additional laws reinforced the prohibition:

• Edmunds Act (1882): Strengthened anti-polygamy measures by criminalizing cohabitation with multiple partners, even without formal marriage.
• Reynolds v. United States (1879): The Supreme Court upheld the anti-polygamy law, ruling that religious freedom does not extend to practices deemed criminal by the government.
• Utah Statehood (1896): Utah’s admission into the Union was contingent upon renouncing polygamy, which led to a formal rejection of the practice by the LDS Church.

Thus, at the national level, polygamous marriages are not legally recognized, and those who attempt to formalize such unions can face criminal charges.

State Laws: A Patchwork of Regulations

While federal law sets the tone, marriage laws are primarily governed at the state level. Every U.S. state prohibits polygamy, but enforcement varies significantly. Some states impose harsh penalties, while others take a more lenient stance.

States with Strict Anti-Polygamy Laws

• Utah (historically stringent, but decriminalized under certain conditions in 2020)
• Arizona
• Idaho
• North Carolina

States with Less Aggressive Enforcement

• California
• Colorado
• Montana

Although illegal, the reality is that polygamous unions persist in some communities, often under informal arrangements that skirt legal recognition.

The Impact of Decriminalization Efforts

In recent years, there has been a growing movement toward decriminalizing polygamy. The most notable example occurred in Utah in 2020, when lawmakers reduced the penalty for polygamy from a felony to an infraction, making it equivalent to a traffic violation. The shift was based on the argument that criminalization forced polygamous families into secrecy, increasing the risk of abuse and exploitation.

Despite these changes, polygamous marriages remain legally unrecognized, and individuals cannot obtain multiple marriage licenses.

Religious and Cultural Perspectives on Polygamy

While the legal status of polygamy in the US remains prohibitive, religious and cultural beliefs continue to shape public opinion. Some of the key groups advocating for polygamy include:

• Fundamentalist Mormon Communities: Despite the LDS Church officially abandoning polygamy in 1890, some splinter groups continue the practice.
• Certain Islamic Sects: While not widespread in the U.S., some Muslim families attempt to practice polygamy under religious traditions.
• African and Indigenous Cultures: Some immigrant communities maintain polygamous family structures in line with traditions from their home countries.

The legal system often encounters challenges in balancing religious freedoms with laws against polygamy. Courts have consistently ruled that while religious beliefs are protected under the First Amendment, actions—such as entering into multiple marriages—can be regulated.

Polygamy vs. Polyamory: Legal Distinctions

A common misconception is that polygamy and polyamory are legally equivalent. While polygamy involves formalized marriages, polyamory refers to consensual relationships involving multiple partners without legal marriage. Because polyamorous relationships do not require official recognition, they do not face the same legal barriers as polygamy. However, issues may arise concerning:

• Child Custody
• Inheritance Rights
• Healthcare and Insurance Benefits

Potential Legal Reforms and Future Outlook

As societal norms evolve, discussions about the legalization of polygamy continue to emerge. Some legal scholars argue that the same principles that led to the legalization of same-sex marriage could be applied to plural unions. Advocates highlight:

• Consensual Adult Relationships: If all parties willingly enter the arrangement, should the government intervene?
• Marriage Equality: Should individuals have the right to form unions as they see fit?
• Family Rights: Legal recognition could provide protections for spouses and children in polygamous families.

Opponents, however, raise concerns about potential exploitation, gender inequality, and legal complexities.

Conclusion

So, is polygamy legal in the US? The clear answer is no—at least not in any legally recognized form. While some states have relaxed their enforcement, federal and state laws continue to prohibit multiple marriages. However, societal perspectives are shifting, and ongoing legal debates may shape future policies.

For now, those who engage in polygamy in the United States do so outside the bounds of formal legal recognition, navigating a complex landscape of cultural tradition and legal restriction.