Polygamy is the state of being married to more than one person at the same time. It is illegal in many countries. The following is a list of polygamy court cases:

Canada

* '' Reference re: Section 293 of the Criminal Code of Canada'', 2011 BCSC 1588 — court opinion that prohibition of polygamy is constitutionally valid.

France

* Montcho case (July 11, 1980, n°16596) — Allowed family reunification for polygamous households.

United Kingdom

* ''

Hyde v. Hyde ''Hyde v Hyde'' is a landmark case of the English Court of Probate and Divorce. The case was heard 20 March 1866 before Lord Penzance, and established the common law definition of marriage. Facts of the case John Hyde, an English Mormon w ...

'' (1866) 1 P. & D. 130 — established the modern understanding and legal definition of marriage * '' Bethell v. Hillyard'' (1885) 38 Ch.D. 220. 885 B. 2119.— a potentially polygamous marriage is

void Void may refer to: Science, engineering, and technology * Void (astronomy), the spaces between galaxy filaments that contain no galaxies * Void (composites), a pore that remains unoccupied in a composite material * Void, synonym for vacuum, a s ...

* ''R v Smith'' 1994 15 Cr App R (S) 407 — used divorce papers to marry again * ''R v Cairns''

997 Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Japan * 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...

1 Cr App R (S) — used polygamy to circumvent immigration controls

United States

;19th century * ''

Reynolds v. United States ''Reynolds v. United States'', 98 U.S. 145 (1878), was a Supreme Court of the United States case that held that religious duty was not a defense to a criminal indictment. ''Reynolds'' was the first Supreme Court opinion to address the First Amen ...

'', * '' Miles v. United States'', — established that the second wife may testify as to her husband's bigamy, because their marriage is not ''de jure'' * '' Clawson v. United States'', — established cohabitation as unlawful * ''

Murphy v. Ramsey Murphy () ( ga, Ua Murchadha) is an Irish name, Irish surname and the most common surname in the Republic of Ireland. Origins and variants The surname is a variant of two Irish surnames: "Ó Murchadha"/"Ó Murchadh" (descendant of "Murchadh" ...

'', —

Edmunds Act The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882,U.S.History.com is a United States federal statute, signed into law on March 23, 1882 by President Chester A. Arthur, declaring polygamy a felony in federal territories. The act ...

not ''ex post facto'' because charges were for continued

cohabitation Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increas ...

, not for the prior

illegal marriage Illegal, or unlawful, typically describes something that is explicitly prohibited by law, or is otherwise forbidden by a state or other governing body. Illegal may also refer to: Law * Violation of law * Crime, the practice of breaking the c ...

* '' Clawson v. United States'', established that when the juror list is exhausted due to challenges of jurors for being supportive of polygamy, an open venire may be used, in which the U.S. Marshal summons jurors from the body of the judicial district * '' Cannon v. United States'', — "cohabit" in criminal statue is "living together as husband and wife" * '' Snow v. United States'', * '' Cannon v. United States'', * '' In re Snow'', — multiple convictions overturned, as cohabiting was a continuous offense, and cannot be charged separately for individual years of offence * '' Ex parte Hans Nielsen'', — polygamy is not

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

* '' Bassett v. United States'', — polygamous wives can be required to testify as they are not legally wives * ''

Davis v. Beason __NOTOC__ ''Davis v. Beason'', 133 U.S. 333 (1890), was a United States Supreme Court case affirming, by a 9–0 vote, that federal laws against polygamy did not conflict with the free exercise clause of the First Amendment to the United States Co ...

'', — upheld ban on voting and holding political office in the

Idaho Territory The Territory of Idaho was an organized incorporated territory of the United States that existed from March 3, 1863, until July 3, 1890, when the final extent of the territory was admitted to the Union as Idaho. History 1860s The territory w ...

for all members of organizations that teach or advocate polygamy * ''

Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States ''The Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States'', 136 U.S. 1 (1890), was a Supreme Court case that upheld the Edmunds–Tucker Act on May 19, 1890. Among other things, the act disincorporated the Churc ...

'', and ;20th century * ''

Chatwin v. United States Chatwin is a surname. Notable people with the surname include: * Bruce Chatwin (1940–1989), English novelist and travel writer * J. A. Chatwin (1830–1907), English designer and architect * Justin Chatwin (born 1982), Canadian actor * P. B. Cha ...

'', — underaged polygamous marriage with consent not prosecutable under the

Federal Kidnapping Act Following the historic Lindbergh kidnapping (the abduction and murder of Charles Lindbergh's toddler son), the United States Congress passed a federal kidnapping statute—known as the Federal Kidnapping Act, (a)(1) (popularly known as the Lindbe ...

* '' Cleveland v. United States'', — polygamous marriage an "immoral purpose" under the

Mann Act The White-Slave Traffic Act, also called the Mann Act, is a United States federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of Illinois. In its original form the act mad ...

* '' Musser v. Utah'', — polygamy not religious free speech * ''

In re Black IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independ ...

'', 3 Utah 2d 315 (1955) 83 P.2d 887— raising children in a polygamist household is evidence of

child neglect A form of child abuse, child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physica ...

; the state can remove and retain custody of children while their parents unlawful cohabitation continues * '' Potter v. Murray City'', 760 F.2d 1065 (10th Cir. 1985) — "the State is justified, by a compelling interest, in upholding and enforcing its ban on plural marriage" * ''

Barlow v. Blackburn Barlow may refer to: Places Canada *Barlow River (Chibougamau River), Quebec * Barlow, Yukon, a local community of Yukon New Zealand * Barlow River (New Zealand), a river in New Zealand * North Barlow River, a river in New Zealand United Kingdo ...

'', 165 Ariz. 351, 356, 798 P.2d 1360, 1365 (App.1990) — "Barlow's practice of polygamy justif esrevoking or suspending his

peace officer A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, pro ...

certification" as " Arizona's constitutional prohibition against polygamy is valid" and "Arizona's compelling state interest ..justifies an infringement upon Barlow's religiously-motivated conduct" * '' In re Adoption of W.A.T.'' (a.k.a. '' Johanson v. Fischer''), 808 P.2d 1083 (Utah 1991) — "no legitimate basis for the courts to disqualify all bigamists (polygamists) as potential adopters" * '' Barlow v. Evans'', 993 F.Supp. 1390 (D.Utah 1997) —

Fair Housing Act The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots. Titles II through VII comprise the Indian Civil Rights Act, which applie ...

prohibition of religious discrimination does not provide protection for polygamists ;21st century * '' State of Utah v. Green'' (a.k.a. '' State v. Green'', '' Utah v. Green''), 2004 UT 76 9 P.3d 820— Utah's polygamy ban upheld * Warren Jeffs prosecution * ''

Brown v. Buhman ''Brown v. Buhman'', No. 14-4117 (10th Cir. 2016), is a legal case in the United States federal courts challenging the State of Utah's criminal polygamy law. The action was filed in 2011 by polygamous patriarch Kody Brown along with his wives Meri ...

'', 11-cv-0652-CW (2013) — the portions of Utah's anti-polygamy laws which prohibit multiple

ruled unconstitutional, but Utah allowed to maintain its ban on multiple marriage licenses. * ''

Carrick v. Snyder ''Carrick v. Snyder'' was a 2015 federal court case requesting that the plaintiff Rev. Neil Patrick Carrick be allowed to perform marriage ceremonies that are currently prohibited, including same sex and polygamous wedding ceremonies. The case l ...

'', 5:2015cv10108, case before Michigan's Eastern District Federal brought by the Rev. Neil Patrick Carrick holding that it is a violation of the Free Exercise Clause of the First Amendment to prohibit clergy from performing same sex or polygamous wedding ceremonies. *Collier et al v. Fox et al, 1:15-cv-00083, case brought by Nathan Collier et al in Montana District Court, seeking a marriage license for Nathan Collier and Christine Collier. Nathan Collier had a legal marriage with Victoria Collier. The case was denied as moot. *Mayle v. Orr et al, 17-cv-00449, brought by Kenneth Mayle in U.S. District 7 (Northern Illinois) seeking to strike Illinois laws on

Bigamy In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...

Adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

, and

Fornication Fornication is generally consensual sexual intercourse between two people not married to each other. When one or more of the partners having consensual sexual intercourse is married to another person, it is called adultery. Nonetheless, John ...

based on religious beliefs, practice, and philosophies of

Satanism Satanism is a group of ideological and philosophical beliefs based on Satan. Contemporary religious practice of Satanism began with the founding of the atheistic Church of Satan by Anton LaVey in the United States in 1966, although a few hi ...

and

Thelema Thelema () is a Western esoteric and occult social or spiritual philosophy and new religious movement founded in the early 1900s by Aleister Crowley (1875–1947), an English writer, mystic, occultist, and ceremonial magician. The word '' ...

including Enochian Sex Magick. The complaint claims these laws violate the 1st and 14th amendment of the U.S. Constitution. The case was dismissed on 4/10/2017. An attempt at an appeal was denied on 11/3/2017 based on a procedural error.

References

{{Reflist Polygamy law

Polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...

Canada

France

United Kingdom

United States

See also

References