Utah Law Reduces Polygamy Penalty to Infraction for Consenting Adults

Polygamy has been reclassified under Utah law, with the state’s governor signing Senate Bill 102 into law. The legislation reduces the offense of bigamy among consenting adults to an infraction, akin to a traffic violation. However, bigamy involving other crimes such as abuse, fraud, or child-bride marriages remains a felony. This change has sparked significant debate, yet the bill received broad support from lawmakers.

Utah was required to abandon polygamy as a condition of statehood, yet the practice persists today. Pro-polygamy groups estimate that up to 40,000 individuals in the state adhere to Mormon fundamentalism, which includes the belief in plural marriage. The state continues to grapple with the issue, as many fundamentalist groups face scrutiny for alleged abusive practices.

Fundamentalist LDS Church leader Warren Jeffs is currently serving a life sentence for crimes related to child-bride marriages. Meanwhile, reality TV polygamist Kody Brown and his wives previously sued Utah after facing investigation for plural marriage. A federal judge briefly decriminalized bigamy among consenting adults in 2012, but this decision was later overturned by a federal appeals court. In response, the Utah State Legislature re-criminalized polygamy in 2017.

Sen. Deidre Henderson, R-Spanish Fork, argued that reducing the penalty for bigamy among consenting adults could encourage individuals to report abuses within polygamous communities. The bill was discussed among current and former members of polygamous groups, who expressed uncertainty about its effectiveness. Polygamists lobbied for the bill, with legislators suggesting that integrating plural families into society might lead to positive changes.

Anti-polygamy activists have expressed concerns that the bill will not address abuse and may even embolden leaders to continue harmful practices. Joe Darger, a polygamist living in Herriman with three wives, stated in a text message to FOX 13 that the challenge now is to educate people about the change and for plural families to demonstrate this freedom responsibly. He emphasized the need for Utahns to set aside differences and prejudices.

SB102 does not legalize polygamy and does not violate Utah’s constitutional prohibition on the practice. Governor Gary Herbert’s office did not immediately issue a statement on the bill, although he has previously shown some support for a more lenient approach to handling polygamy. The law reflects a complex balance between legal reform and ongoing societal concerns.

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