Polygamy, the practice of marrying multiple spouses, has a long history but remains illegal across the United States. While the reasons and debates around polygamy are complex, the short answer is that polygamy is not allowed in any U.S. state. However, the laws and penalties surrounding polygamy vary greatly by state.
Is Polygamy Illegal in the U.S.?
Yes, polygamy is illegal in all 50 U.S. states. Polygamy is the act of marrying multiple spouses at the same time. This is different from bigamy, which is being married to two people at the same time without the spouses’ knowledge.
Polygamy has been outlawed at the federal level in the U.S. since 1862. The Morrill Anti-Bigamy Act made bigamy a federal offense punishable by fines up to $500 and imprisonment up to 5 years. This law was aimed at restricting the Mormon practice of plural marriage.
In 1878, the Supreme Court ruled in Reynolds v. United States that religious duty was not a defense for violating laws against polygamy. This affirmed that polygamy was illegal nationwide, regardless of religious beliefs.
Over the following decades, many states passed their own laws banning and criminalizing polygamy. Today it remains illegal in every state to be married to more than one living person at a time. Some states, like Utah, have additional laws explicitly prohibiting polygamous cohabitation.
State Laws on Polygamy
While polygamy is illegal nationwide, states have different laws regarding the act of entering into multiple marriages.
Utah
Utah has some of the harshest laws banning polygamy. Bigamy is a 3rd degree felony punishable by up to 5 years in prison. Unlawful cohabitation with a second “spiritual spouse” is a misdemeanor punishable by up to 6 months in jail and a $1,000 fine.
Arizona
Like Utah, Arizona laws explicitly prohibit polygamous cohabitation between an individual and their second “spiritual spouse.” This is a class 5 felony punishable by 2 years in prison and a fine up to $150,000.
Texas
Texas bigamy laws consider polygamy a 3rd degree felony, punishable by 2-10 years in prison and fines up to $10,000. The state can also seize any real and personal property of convicted polygamists.
California
California penal code Section 281 states that anyone with more than one spouse is guilty of bigamy, punishable by a fine up to $10,000 or imprisonment in county jail or state prison.
New York
New York classifies bigamy as a class E felony, carrying 1-4 years in prison. Bigamy qualifies for an affirmative defense in NY if the individual reasonably believed their prior marriage ended in divorce or death.
Pennsylvania
In Pennsylvania, bigamy is a misdemeanor punishable by up to 2 years imprisonment. However, polygamy itself is not explicitly illegal according to state laws.
Arguments For and Against Polygamy
The debate around whether polygamy should be legal often revolves around several key arguments:
Religious freedom – Some groups such as fundamentalist Mormons argue anti-polygamy laws infringe on their right to religious freedom. However, the Supreme Court has ruled religious motives are not a valid legal defense for polygamy.
Victimization of women – Opponents argue that polygamy often leads to abuse and coercion of women and underage girls, particularly in isolated polygamous communities. Legalizing it could enable these harms.
Consenting adults – Advocates counter that polygamy between mature, consenting adults should be a personal choice. Criminalizing it is government overreach into private relationships.
Economic benefits – Some pro-polygamy groups argue allowing polygamy would let families combine incomes and resources, providing more stability.
Strain on welfare system – Critics argue that polygamy could put greater economic strain on society since some fundamentalist Mormon groups rely heavily on social services.
Immigration fraud – There are concerns that legalizing polygamy could enable immigration fraud by people seeking green cards through multiple spousal petitions.
Equal treatment – Some argue that if same-sex marriages are legal, plural marriages between consenting adults should also receive equal treatment under the law.
Public Opinion on Polygamy
In recent decades, public opinion surveys have shown shifting views toward polygamy, though a majority in the U.S. still find the practice to be morally wrong.
A 2019 Gallup poll found that only 17% of Americans believe polygamy to be morally acceptable, compared to 80% who viewed it as morally wrong. However, acceptance has risen gradually over the past 20 years.
| Year | Morally Acceptable | Morally Wrong |
|---|---|---|
| 2019 | 17% | 80% |
| 2018 | 16% | 82% |
| 2017 | 14% | 84% |
| 2016 | 14% | 85% |
| 2015 | 14% | 85% |
| 2003 | 7% | 89% |
Younger generations tend to be more accepting of polygamy. A 2014 YouGov poll found that 15% of American adults under 30 felt that polygamous marriages between consenting adults should be legal.
Views also differ by region, with Western states more tolerant toward polygamy. A 2016 Gallup poll showed that 25% of adults in the Western U.S. deemed polygamy as morally acceptable, nearly double other regions. Utah had the highest acceptance at 37%.
Recent Legal Challenges to Polygamy Bans
Over the past decade, there have been a few major legal cases challenging the constitutionality of laws banning polygamous relationships or cohabitation.
Brown v. Buhman (2013)
Kody Brown, star of the reality show Sister Wives, filed a lawsuit challenging Utah’s ban on “religious cohabitation” between married individuals and their other “spiritual wives.”
In 2013, a federal judge struck down the cohabitation law as unconstitutional, ruling it violated the Free Exercise clause protecting religious freedom. However, bigamy remains illegal.
Sister Wives Appeal (2016)
Utah appealed the Brown cohabitation ruling. But in 2016, the 10th Circuit Court declined to overturn the decision. They agreed the “spiritual marriage” clause was likely unconstitutional, but did not formally strike down the law.
Collier v. Fox (2015)
In 2015, the reality show My Five Wives starred a polygamous Montana family. The state then passed an anti-cohabitation law similar to Utah. Members of the family sued to overturn the law but their case was dismissed.
While victories have been piecemeal, these cases indicate there may be gradual legal momentum against certain polygamy restrictions, particularly related to cohabitation and religious freedom. Nonetheless, blanket bans on multiple marriage licenses remain firmly in place.
Potential Decriminalization?
Given shifting public attitudes and lawsuits challenging specific polygamy laws, some legal experts believe there may be a gradual move toward decriminalizing consensual polygamous relationships in America, even if formal marriages stay banned.
Short of broad legalization, prohibitions on polygamous cohabitation or shared living expenses may erode if deemed violations of privacy or religious liberty. However, any changes are likely to be incremental given polygamy remains taboo in mainstream society.
While polygamy is illegal, enforcement is inconsistent. Authorities rarely proactively investigate or prosecute consenting polygamous arrangements, especially outside isolated religious communities. Effectively, low-profile polygamy is often tolerated, if not accepted.
More sweeping reform would likely require a challenge to polygamy laws reaching the U.S. Supreme Court on constitutional grounds. Given the conservative makeup of the current Court, a ruling formally protecting polygamy as a right seems unlikely in the near future.
In the meantime, public opinion and social mores may gradually shift toward acceptance, or at least tolerance, of polygamy, even if legal recognition lags behind. But for now, plural marriage will remain prohibited nationwide.
Conclusion
Polygamy is currently illegal in all 50 U.S. states, under laws banning bigamy, multiple marriage licenses, and sometimes even cohabitation between one married and one “spiritual” spouse. However, there are signs of gradually increasing tolerance, particularly toward private polygamous arrangements. High-profile lawsuits have also begun challenging specific polygamy prohibitions as unconstitutional. While broad legalization is unlikely in the near future, America may be slowly moving toward decriminalization, if not acceptance, of consensual polygamy between adults. But for now, the short answer remains that polygamy is not permitted under the law in any state. Public opinion, religious freedom arguments, and Constitutional challenges could reshape these policies over time.