Polygamy in Utah: Illegal Under State and Federal Law

No, it is not legal to have two wives in Utah. Utah is a monogamous state—bigamy is a criminal offense under both state statute and federal law.

Legal Framework

  • Utah Code § 76-7-101: Bigamy is a third-degree felony (up to 5 years prison, $5,000 fine).
  • Federal law (18 U.S.C. § 1544, Edmunds Act 1882, Mann Act 1910): Also criminalizes polygamy in territories and federal enclaves.
  • Utah Constitution (Art. III, § 1): "Polygamous or plural marriages are forever prohibited."

Historical Context

The LDS Church (Mormons) practiced plural marriage 1840s–1890. Federal pressure (Edmunds Act, Edmunds-Tucker Act, Reynolds v. U.S. 1878) forced the 1890 Manifesto ending the practice. Utah's statehood (1896) required a constitutional ban.

Current Reality

  • Fundamentalist groups (FLDS, Kingston, etc.) still practice "spiritual marriage" – one legal wife, additional "celestial" wives. Prosecutions focus on fraud, welfare abuse, underage marriage.
  • 2020 Utah Law (SB 102): Reduced bigamy from felony to infraction (like a traffic ticket) unless coupled with fraud, abuse, or child marriage – then it's a felony. Controversial; seen as either decriminalization or targeted enforcement.
  • Cohabitation (living with multiple partners) is not prosecuted alone.

Bottom Line

Legal marriage = one spouse at a time. Additional "spiritual" unions have no legal standing and can trigger criminal charges if they involve fraud, minors, or public assistance fraud.

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