Is Polygamy Legal in the USA?

Polygamy is generally not legal in the United States. American law does not permit a person to have multiple legally recognized spouses at the same time. Although people may live in plural or multi-partner relationships, U.S. states do not generally issue marriage licenses that recognize more than two spouses. The legal position is based primarily on state marriage laws, criminal statutes concerning bigamy, and long-standing Supreme Court precedent.

What Is Polygamy?

Polygamy generally means having more than one spouse at the same time. The term includes different forms of plural marriage, including polygyny, in which one man has multiple wives, and polyandry, in which one woman has multiple husbands.

Bigamy is the more commonly used legal term when a person enters into a marriage while already legally married to someone else. The distinction matters because a person can participate in a plural relationship without having multiple legally recognized marriages.

Under U.S. law, a second marriage entered while the first marriage remains legally valid is generally prohibited. The Legal Information Institute notes that polygamy is prohibited throughout the United States, although the precise penalties and statutory language differ among jurisdictions.

What Does the Supreme Court Say About Polygamy?

One of the most important Supreme Court cases concerning polygamy is Reynolds v. United States, decided in 1879. George Reynolds was prosecuted for bigamy after marrying another woman while his first wife was still living. He argued that his religious beliefs required him to practice plural marriage.

The Supreme Court upheld his conviction. The Court distinguished between religious belief and conduct, concluding that religious belief did not provide a defense to an otherwise criminal marriage practice. The decision remains an important historical precedent concerning the government’s authority to regulate marriage and plural marriage.

The Supreme Court later addressed polygamous practices in Cleveland v. United States in 1946 and again recognized the longstanding legal prohibition against polygamous practices.

Can You Legally Marry More Than One Person?

Generally, no. A person who is already legally married cannot ordinarily obtain another valid marriage license while the first marriage remains in effect.

State marriage statutes typically prohibit or invalidate a marriage when one of the parties already has a living spouse. For example, Utah law provides that a marriage is prohibited and void when an individual has a living spouse from whom the individual has not been divorced.

Therefore, getting married to a second person does not normally create two legally recognized marriages. Depending on the jurisdiction and circumstances, attempting to enter the second marriage can also constitute bigamy.

Is Bigamy a Crime?

Bigamy can be a criminal offense, although the specific classification and penalties depend on state law.

Utah provides an example of how modern statutes can distinguish different circumstances. Under Utah Code §76-7-101, a person commits bigamy when the person purports to marry another individual while knowing or reasonably being expected to know that one of the people involved is legally married to someone else. Under the current statute, ordinary bigamy is classified as an infraction, while certain aggravated circumstances involving fraud, threats, coercion, or other offenses can result in more serious criminal charges.

Other states impose more significant criminal penalties for bigamy. Consequently, someone involved in a second marriage should examine the law of the particular state rather than assuming that the same penalty applies nationwide.

Can People Live in a Plural Relationship?

Living in a household involving multiple consenting adults is legally different from having multiple legal marriages.

The fact that several adults live together does not automatically mean that all of them are legally married. In some circumstances, adults may share a home, finances, or family responsibilities without creating multiple legal marriages.

However, other laws can still apply to particular conduct. Issues involving fraud, child welfare, domestic violence, financial exploitation, immigration, taxes, or government benefits can create separate legal consequences.

Therefore, the legality of a household arrangement should not be confused with legal recognition of plural marriage.

Does Religious Freedom Make Polygamy Legal?

Religious belief does not generally make an otherwise prohibited marriage legally valid.

In Reynolds, the Supreme Court held that constitutional protection for religious belief did not prevent the government from enforcing a law against plural marriage. The Court specifically distinguished protected religious belief from conduct regulated by generally applicable civil law.

This means that a person may hold religious beliefs supporting plural marriage, but that belief alone does not create a legal right to obtain multiple marriage licenses.

What About Informal or Religious Ceremonies?

A religious or private ceremony does not automatically create a legally recognized marriage. Marriage validity depends on the applicable state’s requirements.

Similarly, calling multiple relationships “marriages” within a religious or private community does not necessarily give every participant the legal rights and obligations associated with marriage. Property rights, inheritance, taxes, medical decision-making, and other legal matters may therefore require separate planning.

Is Polygamy Legal in the USA Today?

No state generally provides legal recognition for multiple simultaneous marriages. Polygamous marriage therefore remains prohibited in the United States, although the consequences of bigamy and related conduct vary by state.

The legal situation is also more nuanced than simply saying that every plural relationship is illegal. A plural household and a legally recognized marriage are different legal concepts, and state statutes may treat consensual cohabitation differently from entering multiple legal marriages.

Conclusion

Polygamy is not legally recognized as a form of marriage in the United States. A person generally cannot maintain multiple legally valid marriages at the same time, and entering a second marriage while already married can constitute bigamy under state law.

The Supreme Court’s decision in Reynolds v. United States remains a foundational case concerning the government’s authority to prohibit plural marriage despite a person’s religious justification.

However, the law distinguishes between plural marriage and other forms of consensual adult relationships. Anyone dealing with a specific situation involving marriage, property, inheritance, immigration, or family law should review the law of the applicable state.