Gavin Howe
The constitutionality of anti-polygamy laws has been a contentious issue in the United States, with a complex history dating back to the 19th century. While some argue that these laws violate individual rights to privacy, sexual liberty, equality, and religious freedom, others view polygamy as incompatible with societal values and subject to criminal laws. The topic has sparked legislative attempts, court challenges, and cultural debates, with Mormon polygamy in Utah serving as a focal point in the 1800s. Today, the practice persists discreetly among various groups, and legal scholars anticipate a new wave of challenges to anti-polygamy legislation. The evolving landscape of marriage, as seen with same-sex unions, further adds to the complexity of this ongoing debate.
| Characteristics | Values |
|---|---|
| Date of first anti-polygamy legislation | 1854 |
| First legislative attempt | Prevented men with multiple wives from owning land in Utah |
| First legislative attempt outcome | Defeated in the House of Representatives |
| First anti-polygamy law | The Morrill Anti-Bigamy Act, 1862 |
| Edmunds Act | 1882 |
| Edmunds Act punishment | Fine of up to $500 and/or imprisonment of up to 5 years |
| Edmunds-Tucker Act | 1887 |
| Number of men imprisoned under Edmunds Act | 1,300 |
| Number of amendments proposed in Congress to prohibit polygamy | 49 |
| Time period of amendments | 1879-1924 |
| Current status of polygamy | Criminal but practiced discretely by some |
| Recent anti-polygamy legislation | Respect for Marriage Act, Dec 2022 |
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What You'll Learn
The constitutionality of anti-polygamy laws in the US
The US Constitution's relationship with marriage has always been complex and fraught with tension, and the issue of polygamy has been a significant part of this discourse. The First Amendment's Free Exercise Clause has been central to the debate, with the Supreme Court distinguishing between the regulation of religious beliefs and practices. In Reynolds v. United States (1878 and 1879), the Court ruled that polygamy was not protected by the Free Exercise Clause, setting a precedent for subsequent anti-polygamy legislation.
However, the constitutionality of these laws has been continuously challenged on the basis of individual rights to privacy, sexual liberty, marriage, and religious freedom. Modern scholars and legal experts argue that anti-polygamy laws may violate these rights and that there is a case for legalizing polygamy through regulation and monitoring. Additionally, the enforcement of anti-polygamy laws has been inconsistent, with some states partially decriminalizing polygamy or failing to actively prosecute polygamists.
The cultural and social perceptions of polygamy have also evolved, with popular media portraying the polygamous lifestyle as mainstream and even glamorous. The practice of polygamy among various groups, including Fundamentalist Mormons, Muslim and Hmong immigrants, and Native American Indians, has brought the issue to the forefront once again. The legal landscape surrounding marriage, such as the legalization of same-sex marriage, has also prompted discussions about the constitutionality of banning polygamy.
While anti-polygamy laws have faced legal and societal challenges, they remain in place in the US, with polygamy being a felony in federal territories. The ongoing debate surrounding the constitutionality of these laws highlights the complex interplay between individual rights, religious freedom, and societal norms in the US legal system.
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The historical context of anti-polygamy laws
In the 19th century, Mormon polygamy emerged as a significant moral issue, second only to slavery in the public consciousness. The practice of polygamy, or having multiple spousal-styled relationships, sparked widespread indignation and led to a series of legislative attempts to curb it. The first such attempt occurred in 1854, when a bill was presented in the 33rd Congress to prohibit men with more than one wife from owning land in the Utah Territory. However, this initial effort was defeated in the House of Representatives due to concerns about federal overreach in state matters.
In 1862, during the Civil War, President Abraham Lincoln signed the Morrill Anti-Bigamy Act into law, criminalizing polygamy and targeting the LDS Church's real estate holdings. Despite this, Lincoln did not actively enforce the Act, and polygamy continued to be practised. It wasn't until 1879 that the Supreme Court upheld the Morrill Anti-Bigamy Act in Reynolds v. United States, establishing a critical distinction between religious belief and practice. The Court affirmed that while holding religious beliefs was protected under the First Amendment, practising those beliefs in violation of the law was not exempt from prosecution.
As resistance to anti-polygamy measures persisted, the government enacted the Edmunds-Tucker Act in 1887, further extending the punishments outlined in the Edmunds Act of 1882. The Edmunds-Tucker Act imposed fines and imprisonment on those convicted of polygamy, and it also disenfranchised women in Utah and required them to testify against their husbands in court. By 1890, the Mormon Church officially banned the practice of polygamy, and anti-polygamy legislation had successfully pressured the Church to abandon the practice, paving the way for Utah's statehood in 1896.
While these historical contexts primarily focused on the LDS Church, it's worth noting that anti-polygamy laws have had broader implications. The judicial distinction between belief and practice, established in cases like Reynolds v. United States and Davis v. Beason (1890), has shaped how courts address the intersection of religious freedom and criminal law.
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Religious freedom and anti-polygamy laws
The issue of polygamy has been a contentious topic in the United States, particularly in relation to the religious freedom of those who practice it. Mormon polygamy, for instance, was a significant moral issue in the 19th century, often compared to slavery in its importance. The US government's attempts to curb the practice included legislative measures such as the Morrill Anti-Bigamy Act of 1862, which criminalized polygamy and targeted the Church of Jesus Christ of Latter-day Saints (LDS Church). Despite this, many Latter-day Saints continued to practice polygamy, citing religious freedom as a defence.
The Edmunds Act of 1882 further reinforced the previous anti-polygamy legislation by declaring polygamy a felony in federal territories, punishable by a fine and imprisonment. This act also prohibited "bigamous" or "unlawful cohabitation", making it easier to prosecute individuals for polygamy. However, the enforcement of these laws has been challenging due to the difficulty in proving the existence of multiple marriages.
The LDS Church defended polygamy as a matter of religious freedom, arguing that it was a result of divine revelation and protected under the US Constitution. In 1879, the Supreme Court ruled in Reynolds v. United States that religious beliefs were protected under the First Amendment, but religious practices that broke the law were not exempt from prosecution. This ruling set a precedent for distinguishing between religious belief and action, upholding anti-polygamy laws while protecting religious freedom.
Despite these rulings, the debate around polygamy and religious freedom continues. Some scholars and legal professionals argue that anti-polygamy laws violate constitutional rights to privacy, sexual liberty, marriage autonomy, equal protection, and religious freedom. They contend that decriminalizing and legalizing polygamy could provide legal protection for polygamous partners and allow them to join mainstream society. However, others oppose decriminalization, stating that marriage is about more than just individual freedom and that anti-polygamy laws are necessary to sustain the conditions for freedom to thrive.
The issue of polygamy and religious freedom is complex and multifaceted. While there are arguments for protecting religious beliefs and practices, the law must also consider the potential impact on society and the well-being of individuals, especially in cases where underage girls are coerced into polygamous marriages. The ongoing debate and legal challenges surrounding anti-polygamy laws highlight the need to balance religious freedom with other constitutional rights and societal values.
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Equality and anti-polygamy laws
The constitutionality of anti-polygamy laws has been a subject of debate and legal challenges. While some argue that these laws violate individual rights to privacy, sexual liberty, marriage, and religious freedom, others defend them as necessary to protect against harm to women, children, and society.
Historical Context in the United States
Polygamy, particularly associated with Mormon polygamists, has been a contentious issue in the United States since the 19th century. In 1847, Mormon polygamists migrated to the Rocky Mountains, partly to escape prosecution for polygamy in eastern states. This sparked efforts to curb the practice, with Utah and four other western territories prohibiting plural marriages in their state constitutions. The Republican Party, in 1856, stated its intention to abolish both slavery and polygamy.
Legislative Attempts and Court Rulings
The first legislative attempt to discourage polygamy in Utah was in 1854, but it was defeated in the House of Representatives due to concerns about federal overreach into state matters. In 1862, the Morrill Anti-Bigamy Act criminalized polygamy and targeted the LDS Church. The Edmunds Act of 1882 further reinforced this, declaring polygamy a felony in federal territories. The Edmunds-Tucker Act of 1887 dealt a severe blow to the LDS Church, leading to its disincorporation, seizure of property, and the requirement of an anti-polygamy oath for voting or holding public office.
Equality Concerns and Challenges
Anti-polygamy laws have faced challenges on the basis of equality and individual rights. In 2013, a US District Court struck down parts of Utah's anti-polygamy law, and legal scholars like Professor John Witte, Jr. argue that these laws will become a significant legal topic concerning constitutional law, family law, and religious freedom. Cases challenging polygamy bans have been filed in Canada and the United Kingdom, and some countries, like Sweden, have stopped recognizing foreign polygamous marriages to uphold gender equality.
Balancing Rights and Protections
The debate surrounding anti-polygamy laws reflects a complex interplay between individual rights and societal protections. While some argue for the decriminalization and potential legalization of polygamy, citing equality and liberty, others emphasize the potential harm caused, particularly to women and children, and the need to uphold certain societal values. As societal norms and legal interpretations evolve, the constitutionality of anti-polygamy laws will likely remain a dynamic and contentious issue.
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Privacy and anti-polygamy laws
Anti-polygamy laws have a long history in the United States, with the first legislative attempts to curb the practice dating back to the 1800s. Mormon polygamy was a leading moral issue at the time, and despite religious objections, the Supreme Court endorsed federal legislation outlawing polygamy in federal territories in 1878. This led to the passage of anti-polygamy laws and the criminalization of the practice.
Today, polygamy remains criminalized in the United States, and those who practice it, including Fundamentalist Mormons, Muslim and Hmong immigrants, Native American Indians, and others, often do so discreetly. However, with the increasing visibility of polygamy in popular media, the constitutionality of anti-polygamy laws is being questioned.
The argument for the decriminalization of polygamy centres around the violation of individual rights, including privacy and sexual liberty, marriage and domestic autonomy, equal protection and non-discrimination, and religious freedom. Professor John Witte, Jr., a leading scholar on law and religion, predicts that the debate around polygamy laws will intensify, challenging the borderlines between constitutional law, family law, and religious freedom.
While there have been legal challenges to anti-polygamy laws in Canada and the United Kingdom, the United States has yet to see a significant shift in this area. The ruling in Lawrence v. Texas, which struck down anti-sodomy laws, has been cited as a potential precedent for challenging anti-polygamy laws on the basis of privacy and consenting adults' rights. However, matters involving children are distinguished due to their inability to consent.
As the debate around polygamy continues to evolve, it remains to be seen whether anti-polygamy laws will withstand legal challenges or if the decriminalization and legalization of polygamy will occur.
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Frequently asked questions
Anti-polygamy laws have been deemed constitutional in the United States. The Supreme Court endorsed federal legislation outlawing the practice in federal territories in 1878 in Reynolds v. United States. The Edmunds Act of 1882, which made polygamy a felony in federal territories, was also upheld by the Supreme Court.
The Supreme Court has distinguished between the regulation of religious beliefs and the regulation of practices. In Reynolds v. United States, the Court ruled that polygamy was not protected under the free exercise clause. The Court also stated that religious freedom was not intended to prohibit legislation concerning important social issues.
Critics argue that anti-polygamy laws violate constitutional rights to privacy, sexual liberty, marriage, and religious freedom. Some also argue that defenders of these laws are simply upholding traditional morality at the cost of individual liberty.
Cases challenging anti-polygamy laws have been filed in Canada, the United Kingdom, and the United States. In 2013, a US District Court struck down parts of Utah's anti-polygamy law. The issue of polygamy and the First Amendment is likely to continue in the 21st century.
