What is the legal history of the practice of polygamy in the U.S?

Answer 1

American law was based on British law from King James I, which banned polygamy. However, there was no federal law expressly banning polygamy until the mid 1800's although it was generally frowned upon by American society, which was largely conservative Christians.

In the early to mid-1800's, various religious communities began which had what were considered "deviant" sexual teachings. Some of these communities advocated complete celibacy, while others advocated more sexual freedom. Among these was the Mormonism movement, which taught that men could have multiple wives just like the Old Testament prophets. Mormons also allowed interracial marriages, which was appalling to many Americans. As Mormonism began to grow and spread around the nation, the public became concerned that these deviant practices would become normal and pollute society.

In 1856 (just prior to the civil war), the Republican Party declared that polygamy was as barbaric as slavery, which left the largely abolitionist Mormons with no political allies and set the stage for the political oppression to come.

In 1862, Abraham Lincoln signed into law the Morrill Anti-Bigamy Act, which blatantly targeted Mormonism. The Morrill Act made polygamy illegal in US Territories (including Utah) and limited religious groups and non-profits to owning no more than $50,000 in assets (limiting the Mormon church's power). However, due to the Civil War, this act went largely ignored.

In 1874, the Poland Act removed Mormons from all political and legal positions in Utah Territory and transferred the jurisdiction of the Morrill Act to the local courts. This meant that polygamists in Utah could be tried swiftly and would have few legal or political allies.

In 1876, the Supreme Court case Reynolds vs. United States declared that freedom of religion does not take precedence over other laws. In this case, a Mormon polygamist said that convicting him for polygamy was a violation of his First Amendment rights of freedom of religion, however the court did not agree. The New York Times applauds the decision, stating that polygamy should be no more permissible than murder or infanticide.

In 1882, the Edmunds act made bigamous or polygamous cohabitation a misdemeanor, which meant living in a polygamous relationship without seeking a legally-binding marriage was still illegal. It also allowed polygamists to be held indefinitely without trial.

In 1887 the Edmunds-Tucker Act passed, which forced polygamist women to testify against their husbands. It also took away rights that Utah women previously had, including the right to vote.

In 1890, Mormon church president Wilford Woodruff said that the church would no longer sanction polygamous marriages where prohibited by law. This causes many polygamous Mormons to move to Canada and Mexico.

In 1896, Utah is finally granted statehood due to the church's promise to uphold federal laws against polygamy.

In 1903-1907, Utah Senator Reed Smoot, a Mormon, was denied his seat in congress because, although he was not a polygamist, he belonged to a church which was known for defying federal law regarding polygamy. After years of hearings it was determined that withholding his seat was unconstitutional.

in 1904 Mormon church president Joseph F. Smith banned polygamy for all church members regardless of it's legality in their nation. He also declared that anyone performing or entering into a polygamist marriage would be excommunicated from the church.

In the early 1990s, many states began passing laws against same-sex marriages and reaffirmed their opposition to polygamy.

In 1996, US President Bill Clinton signed the Defense of Marriage Act, which outlawed federal recognition of same-sex and polygamous marriages, and said that states did not have to acknowledge same-sex or polygamous marriages entered into in other nations.

In 1998, Alaska specifically banned same-sex marriage and polygamy in it's constitution. Over the next decade, 30 other states would amend their constitutions to specifically ban polygamy.

In the late 2000's, raids on fundamentalist polygamous compounds and trials of fundamentalist leaders such as Warren Jeffs lead to increased attention and many being jailed, although none were charged with bigamy alone.

In 2012, Minnesota rejected an amendment to it's state constitution banning same-sex marriages and polygamy.

In 2013, the Supreme Court overturned the Defense of Marriage Act, meaning that the government had to recognize same-sex and polygamous marriages performed in states where it is legal.

In 2013 US district court found portions of Utah's polygamous cohabitation law to be unconstitutional, effectually decriminalizing cohabitation with multiple partners, although the state will only legally recognize one spouse.

In 2016, the Tenth Circuit overturns the 2013 district court decision in Utah, stating that the original plaintiffs had no reason to sue. This returns the status of polygamous cohabitation in Utah to a jailable offense.

Answer 2

A long time.