Current state of polygamy in the Latter Day Saint movement

As of 1998, by proxy "A deceased woman may be sealed to all men to whom she was legally married during her life. However, if she was sealed to a husband during her life, all her husbands must be deceased before she can be sealed to a husband to whom she was not sealed during life."[11] Theological issues persist as the LDS Church states marriage relationships continue into an afterlife, yet people may only have one living spouse.

In 1860, Republican representative Justin S. Morrill presented his anti-bigamy bill to US Congress for the third time.[13] The bill instituted punitive sentencing on those convicted of polygamy and enacted financial restrictions on the LDS church. After passing in both the House and Senate the bill was signed by President Abraham Lincoln on July 1, 1862. However, the bill was rarely and weakly enforced and in a matter of years, mostly forgotten.

George Reynolds was a Utah resident and member of the LDS Church. He was convicted on polygamy charges for having two wives and his defense claimed that his First Amendment right to freedom of religion had been violated. When the case came before the United States Supreme Court, Reynolds's conviction was upheld. It was decided that Congress maintained the ability to prohibit polygamy and the court concluded that a person is not excused from the law on religious grounds.[14]

The Edmunds Anti-polygamy Act took further action against polygamy and members of the LDS Church.[15] It made polygamy a felony and deemed bigamous cohabitation a misdemeanor. As a result of the bill, at least 1,300 Mormons were found guilty and imprisoned.[16] Those who were found in violation were barred from jury duty, voting and possessing positions of public office. The Edmunds Act sent a clear message to the LDS Church that Congress was determined to put an end to the practice of polygamy.

Utah State Capitol Building

In 2003, US House Bill 307 introduced a new child bigamy amendment. This new law proposed a specific definition of what child bigamy is and how it is viewed under the law. It stated that if a person above the age of 18 years were to marry or cohabitate with a person under the age of 18, they would be guilty of a second degree felony.[17] This bill changed the criminal code by adding the second degree felony charge to the listed offenses. The 2008 House Bill 31 aimed to redefine child welfare laws and certain kinds of abuse. This bill included child bigamy under the term "sexual abuse". It placed child bigamy on the same level as incest, sexual battery, and lewdness involving a child.[18] Child bigamy remains a form of sexual abuse today. Utah State Code indicates that any male or female under the age of 18 must receive signed consent of legal guardians, and a judge, after determining the legitimacy of the impending marriage, giving permission for that marriage to take place.[19] In many polygamist communities men marry young girls in their teenage years and are often results of arranged marriages.[20]

Teenagers of polygamous families

On May 5, 2017, House Bill 99 (HB99) became effective in Utah. The bill was a response to the Brown v Buhman case,[21] filed by reality TV star Kody Brown from the TLC show Sister Wives. HB99 slightly changes the definition of bigamy and child-bigamy.[22] HB99 deems the cohabitation of a man with multiple women whom he refers to as wives illegal, even in relationships between consenting adults. The bill also establishes a stronger emphasis on unlawful behavior within polygamist groups. Many polygamist communities across the state of Utah have been suspected of or exposed for committing a number of crimes such as domestic violence and child abuse.[23] The bill aimed to implement harsher punishment towards polygamists who are also engaged in additional criminal activities such as domestic violence and child abuse. Bigamy is traditionally a third-degree felony, however, HB99 makes a modification, it states that when bigamy is accompanied by other charges such as domestic violence, fraud, child abuse, or sex trafficking it is classified as a second degree felony.[24]

HB99 was sponsored by Utah state senator Kevin T. Van Tassell (whose daughter is engaged in a plural marriage)[25] and Utah state representative Michael E. Noel. After its passing in the legislature, the bill was signed by Utah Governor Gary Herbert on March 28, 2017.[26] A short time before, polygamists and others who opposed the bill rallied at the Utah state capitol to protest the legislation on February 10, 2017.[27] Many polygamists and polygamist supporters argued that the bills punitive approach was unconstitutional by targeting a specific religious minority. The bill further criminalizes their polygamist lifestyle and puts them at an even greater risk of being in trouble with the law.

In spite of the laws prohibiting polygamy, many members of the FLDS church and other religions continue to practice polygamy without restraint. While the government does not excuse polygamy because of the nature of the offense it is difficult to prosecute.[28] Lack of prosecution of these polygamist is due to lack of evidence, lack of priority within law enforcement, lack of resources, and a potential influx of orphaned children.[29] Many polygamists are able to legally practice their lifestyle by being legally married to one woman and performing spiritual marriage ceremonies with their other wives. This makes prosecuting very difficult.

Members of the FLDS Church generally believe at least three wives are necessary for entrance to the highest heaven.[34] Similarly, wives are required to be subordinate to their husbands.

The FLDS Church currently practices the law of placing, whereby a young woman of sufficient age is assigned a husband by revelation through the leader of the FLDS Church, who is regarded as a prophet.[35] The prophet may give wives to (and remove wives from) a man according to his worthiness.

The AUB currently supports plural marriage, justified on the "1886 Meeting".[36] While not all members practice plural marriage, it is considered a crucial step to achieve the highest glory of heaven.[37] The leaders of the AUB do not arrange marriages, nor do they authorize marriage for people under 18, nor for those who are closely related.[36]

Polygamist Tom Green was initially a member of the mainstream LDS church but was excommunicated when he adopted the practice of plural marriage. He resided in a makeshift trailer park in southern Utah with his large family who lived off the welfare system and a small income provided by selling magazine subscriptions. Those of Tom Green's wives who were not legally married to him would often file for welfare as single mothers to receive money. The Green Family came into the spotlight in 1999 when he told Dateline NBC that he had multiple wives during the making of a documentary.[38] Green and his large family had begun to broadcast their lifestyle in the years prior. They appeared on talk shows (including the Jerry Springer Show[39]) and in other documentaries explaining their unique familial situation. All of this media exposure sparked interest in Juab County Attorney David O. Leavitt to begin an investigation.[40] In April 2000, Leavitt charged Green with bigamy, criminal non-support, and child rape.[41] The main offense against Green was his marriage to Linda Kunz, who was 13 when the couple was married.[42] After examining birth certificates, prosecutors discovered that Tom and Linda had conceived a child when she was only 13 years old. In June 2002 Green was sentenced to five years to life in prison.[43] Tom Green is often credited with bringing the underground practice of polygamy back into the legal spotlight.

Polygamist and FLDS prophet Warren Jeffs

Warren Jeffs is the incarcerated leader of the Fundamentalist Latter-day Saints who was arrested in 2006 by a highway patrolman during a traffic stop in Nevada. Jeffs, the self-proclaimed prophet has a long history of arranging marriages among his followers in a suspicious manner, often creating unions between relatives and under-aged girls.[44] Many of his actions were in direct violation of 2003 House Bill 307 outlining child bigamy laws. He was arrested on multiple accounts of being an accomplice to rape and forcing a 14 year old girl to marry her 19 year old cousin. The girl testified in court against Jeffs and in 2007, and he was sentenced to two terms of five years to life in prison.[45] He was sentenced again in 2011 on two accounts of sexual assault involving his own child brides.[46]

Polygamist Kody Brown and his four wives became infamous across the world when their TLC show "Sister Wives" aired in 2010. Because they made their lifestyle so public, they were forced to take residence in Nevada to avoid Utah law enforcement. It was their case, Brown v. Buhman that inspired House Bill 99.

The Supreme Court case Lawrence v. Texas has given polygamists grounds to raise claims of unconstitutional policies regarding polygamy and bigamy. Lawrence v. Texas was not specifically fighting for marriage rights but as a result of the case the unconstitutionality of laws restricting sexual relationships were brought into question.[47] In response to the Lawrence v. Texas case G. Lee Cook, his wife D. Cook, and desired wife J. Bronson, of Salt Lake City, Utah, filed a lawsuit in hopes to abolish restrictive laws against polygamy.[48] Court cases against anti-polygamy laws argue that such laws are unconstitutional in regulating sexual intimacy, or religious freedom.[49] In the case of Bronson v. Swensen the plaintiffs followed suit as they claimed violation of privacy, religious freedom, and restriction of sexual relationships.[50] Following these claims polygamists began to not only rely on the first amendment for grounds of unconstitutionality, but also used the Fourteenth Amendment that gives all citizens equal protection of law.[51]