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As such, polygamy was downgraded from a felony to an infraction, but it remains a felony if force, threats or other abuses are involved. [50] [29] [30] Federal legislation to outlaw the practice in federal territories was endorsed as constitutional in 1878, despite the religious objections of the LDS Church, by the Supreme Court, in Reynolds
The legal status of polygamy varies widely around the world. Polygamy is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. Some countries that permit polygamy have restrictions, such as requiring the first wife to give her consent.
Polygamy is a crime and punishable by a fine, imprisonment, or both, according to the law of the individual state and the circumstances of the offense. [18] Polygamy was outlawed in federal territories by the Edmunds Act, and there are laws against the practice in all 50 states, as well as the District of Columbia, Guam, [19] and Puerto Rico. [20]
Polygamy in Utah remains a controversial issue that has been subject to legislative battles throughout the years; it is currently an infraction; and recognition of polygamy is illegal under the Constitution of Utah
The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882, [1] is a United States federal statute, signed into law on March 23, 1882 by President Chester A. Arthur, declaring polygamy a felony in federal territories, punishable by "a fine of not more than five hundred dollars and by imprisonment for a term of not more than five years". [2]
The constitution was framed recognizing its existence and protecting the rights which grew up under it; if a wrong, therefore slavery was a mutual and general wrong… not so with polygamy…. Polygamy exists without authority, and is practised [sic] in violation of the moral sentiments of the entire nation with the exception of a few thousand ...
The lawsuit argues that "the President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who ...
Blackburn, 165 Ariz. 351, 356, 798 P.2d 1360, 1365 (App.1990) [10] — "Barlow's practice of polygamy justif[ies] revoking or suspending his peace officer certification" as "Arizona's constitutional prohibition against polygamy is valid" and "Arizona's compelling state interest [...] justifies an infringement upon Barlow's religiously-motivated ...