Debates on the legalization of polygamous marriages continue in Central Asian countries. [ref. needed] Some countries where polygamy is legal are not signatories to the ICCPR, including Qatar, Oman, Malaysia, Brunei, Saudi Arabia, South Sudan and the United Arab Emirates; so that the ICCPR does not apply to these countries. [152] The Department of Justice Canada has argued that polygamy is a violation of international human rights law. [153] Henderson added that she was not trying to legalize polygamy or multiple marriage licensing, but was trying to “solve the human rights crisis that our law has created.” Prosecutors used the part of Utah`s cohabitation law to prosecute Utah polygamists for bigamy. She faces up to five years in prison. The rest of Utah`s bigamy law remains intact under the ruling, so only people who fraudulently obtain multiple marriage licenses would be guilty. Article III of the Utah Constitution states: “The perfect acquiescence of religious sentiment is guaranteed. But polygamous or plural marriages are forbidden forever. In 2006, a persecuted polygamist claimed that Utah`s bigamy law was unconstitutional, but the Utah Supreme Court ruled that this was the case under both the U.S.
Constitution and the Utah Constitution. Staat v. Holm, 137 pp.3d 726 (Utah 2006). Polyandry is the de facto norm in rural Tibet, although it is illegal under Chinese family law. Polygamy continues in Bhutan[35] in various forms, as it has done since ancient times. It is also found in parts of Nepal,[142] despite its formal illegality in the country. [143] The legal status of polygamy varies widely around the world. Polygamy is legal in 58 of the approximately 200 sovereign states, the vast majority of which are Muslim-majority countries. Polyandry is illegal in virtually all countries and strictly forbidden in Islam. [ref.
needed] Several non-Muslim countries (particularly in sub-Saharan Africa) allow polygamy among Muslims in their communities. Some countries that allow polygamy have restrictions, such as requiring the first wife to give consent. Republican Senator Deidre Henderson, the bill`s lead sponsor, called Utah`s previous law unenforceable, saying it doesn`t prevent people from engaging in polygamy, but rather isolates polygamous communities and prevents potential victims from reporting abuse. The Sound Choices Coalition, a nonprofit against polygamy, condemned the decriminalization of bigamy when the law was passed in February. “At this point, I think it`s better than what we`re doing now,” said Republican Senator Daniel Thatcher. In an October 2004 op-ed for USA Today, Jonathan Turley, a law professor at George Washington University, argued that polygamy should be legal as a simple matter of equal treatment before the law. Turley acknowledged that underage girls are sometimes forced to marry polygamously, responding that “banning polygamy is no more a solution to child abuse than banning marriage would be a solution to domestic violence.” [18] In response to Utah`s appeal, the Sister Wives argued in court records that recently enacted same-sex marriage laws applied to polygamy. Although the U.S. issue of same-sex marriage could not have been decided when the Sister Wives took their case to court in 2013, it will be interesting to see how and what the Tenth Circuit decides. Ellis also pointed to a recently passed law that allowed people who leave polygamous groups to access money from the government`s fund for victims of crime to get back on their feet. “We need more laws that will help victims,” she said.
For decades, bigamy was a third-degree felony punishable by up to five years in prison and a fine of up to $5,000. The new law makes it a violation and puts crime on an equal footing with receiving a ticket. They traveled to Nevada to avoid bigamy charges after authorities launched an investigation into their lifestyle. A polygamous group known as “The Sister Wives” challenged Utah`s law through its syndicated reality show on TLC on the basis that the law was unconstitutional. The U.S. District Court ruled that the law was unconstitutional, arguing that the phrase “pretending to marry” in the law was too broad. The District Court narrowed the term to include only marriages sanctioned by the state by marriage certificate and to exclude unsolemnized marriages. Therefore, the State of Utah has appealed the decision and the oral submissions will take place before the 10th Judicial District in Denver, Colorado. Braun v. Buhman, F.2d 1170 (D. Utah 2013). The legality of polygamy in the United States is that the practice is a crime and is punishable by a fine, imprisonment, or both, depending on each state`s law and the circumstances of the offense.
[1] Polygamy has been banned in federal territories by the Edmunds Act, and there are laws against the practice in all 50 states plus the District of Columbia, Guam[2] and Puerto Rico. [3] Since state laws have existed, polygamy is not actively prosecuted at the federal level,[4] but the practice is considered “contrary to public policy.” A law that effectively decriminalizes bigamy when two people marry when at least one of them is already legally married is now in effect in Utah. “The intent of the law is to remove fear of arrest, detention, and abduction of children in state custody to encourage more reporting, facilitate abuse investigations, and reduce the high barrier to community integration,” Henderson told CNN in February. SALT LAKE CITY – Polygamists lived in Utah before it became a state. Eighty-five years after plural marriage was declared a crime, they still number in the thousands and were even featured on the long-running reality show “Sister Wives.” The vast majority of Muslim-majority sovereign states recognize polygamous marriages: these states stretch from West Africa to Southeast Asia, with the exception of Israel, Turkey and Tunisia. [140] The Palestinian territories—consisting of the West Bank and Gaza Strip—allow polygamous connections for Muslim citizens of the territories. [141] Polygamy was practiced in Utah by some religious groups before it became a state, and continues to this day.