Keith Mack
Bigamy, or polygamy, is generally considered a crime in most countries that only recognize monogamous marriages. The practice of having multiple spouses has been outlawed in many parts of the world, with varying penalties and levels of enforcement. In the United States, the criminalization of polygamy originated as anti-Mormon laws, and the Morrill Anti-Bigamy Act of 1862 was the first federal legislation aimed at preventing the practice. Other countries with anti-bigamy laws include Australia, Belgium, Brazil, Canada, China, Indonesia, Ireland, Israel, Italy, Saudi Arabia, Somalia, South Africa, Spain, Sudan, Taiwan, and Thailand. While the enforcement of these laws differs, the underlying principle is that monogamy is the only legally recognized form of marriage in these societies.
| Characteristics | Values |
|---|---|
| Countries with anti-bigamy laws | United States, Australia, Belgium, Brazil, Canada, China, Republic of Ireland, Israel, Italy, Saudi Arabia, Somalia, South Africa, Spain, Sudan, Taiwan, Thailand, Maldives |
| Punishment | Imprisonment, fines, seizure of property, loss of voting rights, inability to hold public office, serve on a jury, or become a citizen |
| Exceptions | Consular spouses from polygamous countries may be exempt from a general prohibition on polygamy in host countries |
| Religious exceptions | Catholic canon law permits a second marriage if the first was in a UK register office or annulled by the church |
| Religious restrictions | Mormon men and women were prosecuted for polygamy, although women were seen as victims |
| History | Anti-bigamy laws were first made in the Roman Empire around 300 AD; bigamy became illegal in England in the 12th century |
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What You'll Learn
History of anti-bigamy laws
The history of anti-bigamy laws dates back to ancient times, with various cultures and legal systems taking different approaches to the issue. In classical Greece and Rome, monogamy was the only form of legal marital relationship. This was continued by the Roman Emperor Diocletian and Maximian, who passed strict anti-polygamy laws in 285 AD. In 393, the Roman Emperor Theodosius I extended the ban on polygamy to Jewish communities.
In the United States, the criminalisation of a polygamous lifestyle originated as anti-Mormon laws. The Morrill Anti-Bigamy Act, passed in 1862, was the first federal law to criminalise the practice of polygamy. The act was sponsored by Justin Smith Morrill of Vermont and targeted the Mormon practice of plural marriage in territories such as Utah. The act also limited church and non-profit ownership in any territory of the United States to $50,000. While the Morrill Anti-Bigamy Act was largely unenforceable, it did lead to some successful prosecutions for bigamy, including the landmark case of Reynolds v. United States in 1879.
In the late 19th century, Congress adopted more expansive laws to address polygamy and dispossess the Mormon Church of its wealth. The Edmunds Act of 1882 amended the Morrill Anti-Bigamy Act and made bigamy punishable by a fine of up to $500 and imprisonment of up to five years. The Edmunds-Tucker Act of 1887 further strengthened anti-bigamy legislation and was upheld by the Supreme Court in 1890. These laws led to the prosecution of many Latter-day Saints in Utah Territory and ultimately, the official discontinuation of the practice of plural marriage by the LDS Church in 1890.
Outside of the United States, many countries have their own anti-bigamy laws and penalties. For example, in Australia, Belgium, Brazil, Canada, and China, bigamy is illegal and punishable by imprisonment. In the Republic of Ireland, it is a criminal offence under the Offences Against the Person Act 1861, with a possible sentence of up to seven years' imprisonment. In Saudi Arabia, bigamy or polygamy is legal for men with some restrictions, while in Somalia, it is legal for men at marriage courts.
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Bigamy laws by country
Bigamy and polygamy laws vary across the world. In most countries, a person who marries someone while still being lawfully married to another commits bigamy, a criminal offence, though penalties vary between jurisdictions. In some countries, the second marriage is considered void, while in others, it is not recognised. Some countries outlaw polygamy but do not enforce the prohibition.
- Australia: Illegal, with up to five years' imprisonment.
- Belgium: Illegal, with five to ten years' imprisonment.
- Brazil: Illegal, with two to six years' imprisonment.
- Canada: Illegal, with up to five years' imprisonment.
- China: Illegal, with up to two years' imprisonment, and up to three years for bigamy with soldiers. However, it is tolerated for some minorities in some rural areas in the southwest.
- Colombia: Illegal with exceptions, such as religion. While bigamy is not explicitly mentioned in the judicial code, marrying without dissolving an earlier marriage can lead to other felonies.
- Germany: Polygamous marriages contracted abroad are legal, but the government has announced plans to criminalise this.
- India: Polygamy is recognised by the government but only for Muslims.
- Indonesia: Depending on the specific tribe, bigamy can be legal or illegal.
- Iran: Legal for men with the consent of the first wife but rarely practised.
- Ireland: A criminal offence with up to seven years' imprisonment, but prosecutions are rare.
- Israel: Illegal for members of each confessional community, with up to five years' imprisonment.
- Italy: Illegal.
- Malaysia: The government recognises polygamous marriages but only for Muslims.
- New Zealand: Permits some benefits for spouses of polygamous marriages performed abroad.
- The Netherlands: A marriage between more than two individuals is prohibited, but a "samenlevingscontract" can include more than two partners.
- Philippines: The government recognises polygamous marriages but only for Muslims.
- Russia: Polygamous marriages are not recognised, but neither bigamy nor de facto polygamy are criminalised.
- Saudi Arabia: Bigamy or polygamy is legal for men with some restrictions but has become less common in recent years.
- Singapore: The government recognises polygamous marriages but only for Muslims.
- Somalia: Polygamy is legal for men at marriage courts and is a long-standing tradition.
- South Africa: Legal for men under the Recognition of Customary Marriages Act, 1998, for customary marriages. Under civil law marriages, any marriage in addition to an existing one is invalid but not criminalised.
- Spain: Illegal, with six months to a year's imprisonment.
- Sudan: Bigamy or polygamy is legal for men.
- Sweden: Used to recognise polygamous marriages performed abroad but no longer does so, except in exceptional circumstances.
- Switzerland: Polygamy is illegal, but polygamous marriages conducted abroad may be accepted or rejected on a case-by-case basis.
- Taiwan: Illegal, with up to five years' imprisonment.
- Thailand: Polygamy is no longer recognised under civil law but is still practised and widely accepted.
- United Arab Emirates: Polygamy is legal, with Muslim men allowed to marry up to four wives, including non-Muslim women.
- United Kingdom: Foreign polygamous marriages grant some welfare benefits, but this is being phased out. Polygamy is treated as bigamy if a second marriage is contracted in the UK.
- United States: Polygamy is not legal at the federal or state level, but in 2020, Utah decriminalised polygamy, changing it from a felony to a low-level offence.
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Bigamy vs polygamy
Bigamy and polygamy are both forms of non-monogamous marriage. Bigamy refers specifically to a marriage between two people, where one person is already married. Polygamy, on the other hand, is a more general term for having multiple spouses at the same time and can take various forms, such as polygyny (one man with multiple wives) and polyandry (one woman with multiple husbands). Group marriage is also a form of polygamy, where several men and women are joined as husbands and wives.
In most Western countries, bigamy is considered a crime, and polygamy is not legally recognised. The United States, for example, has federal laws criminalising polygamy, such as the Edmunds Act and the Morrill Anti-Bigamy Act. Despite this, some US states have their own laws and penalties regarding bigamy and polygamy, and prosecutions for either violation are extremely rare. The enforcement of these laws and the associated penalties can vary between states. For instance, in California, bigamy is a felony punishable by up to a year in county jail or state prison, whereas in Utah, it has been reduced to an infraction for first-time offenders.
The history of anti-bigamy and anti-polygamy laws in the US is closely tied to the persecution of Mormons. Early attempts at legislation included the Wade, Cragin, and Cullom Bills, all of which failed to pass. The Edmunds-Tucker Act of 1887 further extended punishments for polygamy, leading to the imprisonment of around 1300 men.
Outside of the US, the legality of bigamy and polygamy varies. Some countries, like Belgium, Brazil, Canada, and China, criminalise bigamy and polygamy. In contrast, other countries, like Saudi Arabia and Somalia, legally permit polygamy for men, although it has become less common in recent years. In Indonesia, the legality of bigamy depends on the specific tribe in question.
While bigamy and polygamy are often used interchangeably, they represent distinct forms of non-monogamous relationships, with bigamy typically involving secrecy and deception, while polygamy usually involves cultural acceptance and the knowledge and consent of all spouses.
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Bigamy and religion
Bigamy, or polygamy, is the act of entering into a marriage with one person while still legally married to another. Most countries that recognise only monogamous marriages consider bigamy a crime.
Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or where one party is already legally married. In some countries, bigamy is tolerated for certain religious groups. For example, in India, bigamy is legal only for Muslim men, and in the Philippines, it is legal for Muslim men but not others. In Egypt, Iran, and Saudi Arabia, bigamy is legal for men with the consent of the first wife. In Israel, bigamy is illegal for members of each confessional community.
In the United States, bigamy is illegal, and this has been the case since the 1800s. In 1862, the US Congress passed the Morrill Anti-Bigamy Act, prohibiting polygamous marriage in the territories. This was in response to the practice of polygamy by the Church of Jesus Christ of Latter-day Saints (LDS Church), which defended polygamy as a matter of religious freedom. Despite the law, many Latter-day Saints continued to practice polygamy, believing it was protected by the First Amendment. In 1879, the US Supreme Court upheld the Morrill Act's constitutionality in Reynolds v. United States, asserting that while laws could not interfere with religious belief, they could regulate religious practices.
In Catholic canon law, bigamy denotes the condition of a man married to two real or interpretive wives in succession and, as a consequence, his unfitness to receive or exercise ecclesiastical orders. St. Paul, Titus, and Timothy were celibates, and Paul forbids bigamists from being admitted to Sacred Orders. The Apostolic Canons (fourth century), which extended the Pauline prohibition to all grades of the sacrament of orders, were not universally observed. The Church of Rome, however, strictly followed the Apostolic canons.
In the New Testament, Paul the Apostle allowed widows to remarry (1 Cor. vii. 39. and 1 Tim 5:11–16). Paul says that only women older than 60 years can make the list of Christian widows, but that younger widows should remarry to hinder sin. However, many critics of polygamy point to the Pauline epistles that state that church officials should be respectable, above reproach, and the husband of a single wife. (1 Timothy 3, Titus 1).
In the Old Testament, there are numerous examples of polygyny (one male, one wife with multiple concubines) among devotees to God. Despite this, most Christian groups have historically rejected the practice of polygamy and have upheld monogamy alone as normative. However, some Christian groups in different periods have practiced, or currently do practice, polygamy, and there is an active debate among some Christians about whether the New Testament or Christian ethics allows or forbids polygamy.
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Bigamy sentences
Bigamy is a crime in most countries that recognise only monogamous marriages. The punishment for bigamy varies across different countries and states. Here are some examples of bigamy sentences from around the world:
United States
In the United States, bigamy is a crime in all 50 states. The punishment for bigamy differs depending on the state. For example, in Florida, the defendant may face five years in jail and a $5,000 fine, while in Massachusetts, the defendant may face up to five years in state prison and a $500 fine. Bigamy is considered a felony in some states and a misdemeanour in others.
Other Countries
- Australia: Illegal. Up to five years' imprisonment.
- Belgium: Illegal. Five to ten years' imprisonment.
- Brazil: Illegal. Two to six years' imprisonment.
- Canada: Illegal. Up to five years' imprisonment.
- China: Illegal. Up to two years' imprisonment, with up to three years for bigamy with soldiers.
- Republic of Ireland: A criminal offence with a sentence of up to seven years' imprisonment.
- Israel: Illegal for members of each confessional community. Up to five years' imprisonment.
- Italy: Illegal.
- Spain: Illegal. Between six months to a year's imprisonment.
- Taiwan: Illegal. Up to five years' imprisonment.
It is important to note that the laws and sentences regarding bigamy may change over time, and there may be additional factors that influence the specific sentence in each case.
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Frequently asked questions
Bigamy is the act of entering into a marriage with one person while still being legally married to another.
Bigamy is illegal in most countries that recognise only monogamous marriages. In countries that have bigamy laws, the second marriage is usually considered void.
Some countries with anti-bigamy laws include the United States, Australia, Belgium, Brazil, Canada, China, Ireland, Israel, Italy, Spain, Taiwan, and Thailand.
Penalties for bigamy vary by country but often include imprisonment and fines. For example, in the United States, bigamy is punishable by up to five years in prison and a $500 fine. In Belgium, the penalty can range from five to ten years' imprisonment.
Yes, there are some countries where bigamy or polygamy is legal for men, with varying degrees of restrictions and social acceptance. Examples include Saudi Arabia, Sudan, Somalia, South Africa (under customary marriages), and some tribes in Indonesia.
