Bigamy constitutional law

  • Is polygamy against the Constitution?

    While the Constitution does not explicitly give the government the power to ban the practice of polygamy as a religious doctrine, the Supreme Court has stated repeatedly that polygamy is illegal within the United States..

  • What is the bigamy law in the US?

    According to the Edmunds Act, bigamy is punishable by "a fine of not more than five hundred dollars and by imprisonment for a term of not more than five years".
    However, because state laws exist, polygamy is not actively prosecuted at the federal level, but the practice is considered "against public policy"..

  • In Reynolds v.
    United States, 98 U.S. 145 (1879), the Supreme Court ruled unanimously that a federal law prohibiting polygamy did not violate the free exercise clause of the First Amendment.
    The Court's decision was among the first to hold that the free exercise of religion is not absolute.
  • The Hindu Marriage Act, 1955, lists out the punishment of bigamy.
    It says, "Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living."
Oct 7, 2021A Utah family who practices polygamy as a religious tenant successfully narrowed the legal definition of bigamy in the 2013 case Brown v. Buhman 

Is bigamy a religious offence?

One of the earliest claimed justifications for the bigamy offence is religious in nature

When the Bigamy Act 1603 was passed, its preamble noted that bigamy was ‘to the great dishonour of God’

Is Utah's bigamy statute unconstitutional?

In deciding the criminalization of bigamous cohabitation was unconstitutional, the court looked to the Free Exercise Clause of the First Amendment to find that Utah’s bigamy statute was not justified by a compelling government interest and was not narrowly tailored to advance a compelling government interest

What is the maximum sentence for a bigamy offence?

If a bigamy offence is dealt with summarily the maximum sentence of imprisonment that can be imposed is 12 months: s 4J (3) (a)

Keith Soothill et al, ‘The Place of Bigamy in the Pantheon of Crime?’ (1999) 39 (1) Medicine, Science and the Law 65, 65


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