List of polygamy court cases

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Lua error in package.lua at line 80: module 'strict' not found. Polygamy is the state of being married to more than one person at the same time. It is illegal in many countries. The following is a list of polygamy court cases:

Canada

United Kingdom

  • Hyde v. Hyde (1866) {L.R.} 1 P. & D. 130 — Established the modern understanding and legal definition of marriage
  • Bethell v. Hillyard (1885) 38 Ch.D. 220. [1885 B. 2119.] — a potentially polygamous marriage is void
  • R v Smith 1994 15 Cr App R (S) 407 — used divorce papers to marry again[3]
  • R v Cairns [1997] 1 Cr App R (S) — used polygamy to circumvent immigration controls[3]

United States

19th century
20th century
  • Chatwin v. United States, 326 U.S. 455 (1946) — underaged polygamous marriage with consent not prosecutable under the Federal Kidnapping Act
  • Cleveland v. United States, 329 U.S. 14 (1946) — polygamous marriage an "immoral purpose" under the Mann Act
  • Musser v. Utah, 333 U.S. 95 (1948) — polygamy not religious free speech
  • In re Black, 3 Utah 2d 315 (1955) [283 P.2d 887][4] — raising children in a polygamist household is evidence of child neglect; the state can remove and retain custody of children while their parents unlawful cohabitation continues
  • Potter v. Murray City, 760 F.2d 1065 (10th Cir. 1985)[5] — "the State is justified, by a compelling interest, in upholding and enforcing its ban on plural marriage"
  • Barlow v. Blackburn, 165 Ariz. 351, 356, 798 P.2d 1360, 1365 (App.1990)[6] — "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 conduct"
  • In re Adoption of W.A.T. (aka Johanson v. Fischer), 808 P.2d 1083 (Utah 1991)[7] — "no legitimate basis for the courts to disqualify all bigamists (polygamists) as potential adopters"
  • Barlow v. Evans, 993 F.Supp. 1390 (D.Utah 1997)[8]Fair Housing Act prohibition of religious discrimination does not provide protection for polygamists
21st century
  • State of Utah v. Green (aka State v. Green, Utah v. Green), 2004 UT 76 [99 P.3d 820][9] — Utah's polgamy ban upheld
  • Warren Jeffs prosecution
  • Brown v. Buhman, 11-cv-0652-CW (2013)[10] — the portions of Utah's anti-polygamy laws which prohibit multiple cohabitation ruled unconstitutional, but Utah allowed to maintain its ban on multiple marriage licenses[11][12][13]
  • Carrick v. Snyder , 5:2015cv10108 , Current Case before Michigan's Eastern District Federal brought by the Rev. Neil Patrick Carrick holding that it is a violation of the Free Exercise Clause of the First Amendment to prohibit clergy from performing same sex wedding ceremonies.[14][15]
  • Collier et al v. Fox et al, 1:15-cv-00083, Current case brought by Nathan Collier et al in Montana District Court, seeking a marriage license for Nathan Collier and Christine Collier. Nathan Collier currently has a legal marriage with Victoria Collier.

See also

References

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