Polygamy in North America

Polygamy, in particular polygyny where one man takes several wives, is a common marriage pattern in some parts of the nonwestern world.Fact|date=May 2008 However, in the United States, a strong Christian orientation toward marriage between one man and one woman has placed polygamist groups and isolated families on the fringe of American life through out the country's history.

Polygamy became a significant social and political issue in the United States in 1852, when The Church of Jesus Christ of Latter-day Saints (the Mormon Church) made it known that a form of the practice, called plural marriage, was part of its doctrine. Plural marriage had been introduced by the Church in 1843 in Illinois, before the largest portion of the Latter Day Saint population moved and settled in Utah and other areas of the west beginning in 1847. Opposition to the practice by the United States government resulted in an intense legal conflict, and culminated in LDS Church president Wilford Woodruff announcing the church's official abandonment of the practice on September 25, 1890. [Woodruff's declaration was formally accepted in a church general conference on October 6, 1890.]

However, the practice of polygamy continues amongst some American Muslims [ [http://www.npr.org/templates/story/story.php?storyId=90886407 Philly's Black Muslims Increasingly turn to polygamy] ] and breakaway Mormon fundamentalists groups practising it in the western United States, Canada, and Mexico. The Church of Jesus Christ of Latter-day Saints terminated the practice of plural marriage in the 19th century, and excommunicates those members who adopt the practice.

Polygamy defined

Polygamy is defined as the practice or condition of knowingly having more than one spouse, especially wives, at the same time. It is now illegal in all 50 states, as defined by the Model Penal Code section 230.1, which states that a person is guilty of the third-degree felony of polygamy if he or she marries or cohabits with more than one spouse at a time in purported exercise of the right of plural marriage. The crime is punishable either by a fine, imprisonment, or both, according to the law of the individual state and the circumstances of the offense [ [http://find.galegroup.com/gvrl/infomark.do?&contentSet=EBKS&type=retrieve&tabID=T001&prodId=GVRL&docId=CX3437703411&source=gale&userGroupName=byu_main&version=1.0] West's Encyclopedia of American Law. Eds. Jeffrey Lehman and Shirelle Phelps. Vol. 8. 2nd ed. Detroit: Gale, 2005. 26-28. 13 vols. Gale Virtual Reference Library. Thomson Gale. Brigham Young University - Utah. 11 Dec. 2007 ] .

History of polygamy

Polygamy in the United States has a long, though shadowy history. Many Native American tribes practiced polygamy (generally polygyny) Fact|date=May 2008 and European Mountain men often took native wives and adopted the practice. Some tribes seem to have continued the practice into the 20th century.Fact|date=May 2008

Scotch-Irish settlers, and some Welsh emigrants, carried long standing multiple partner traditions to the Americas from Europe.Fact|date=May 2008 Utopian and communal groups established during the mid-1800s had varying marriage systems, including group marriage and polygyny. (Loue, pp. 27-30) There is also some evidence in the American South for multiple marriage partners, particularly after the Civil War.Fact|date=May 2008

Polygamy has also been practiced, discreetly, by some Muslims living in America. [ [http://www.npr.org/templates/story/story.php?storyId=90886407 Philly's Black Muslims Increasingly Turn to polygamy] ] Isolated secular polygamists and small American based Jewish groups may also practice some variety of polygamy.Fact|date=May 2008

The Christian polygamy movement [http://www.christianpolygamy.info/christian-polygamy/] [http://jscms.jrn.columbia.edu/cns/2008-02-19/mamdani-polygamistsonline] is a more modern development of a polygamist culture. They assert that the movement has no connection with Joseph Smith.

Because polygamy has been illegal throughout the United States since the mid-nineteenth century, and at State level before than, sources on alternative marriage practices are limited. Consequently, it is difficult to get a clear picture of the extent of the practice in the past and at the present time.

Early Latter Day Saint practice

The Mormon practice of plural marriage was officially introduced by Joseph Smith, the founder of the Latter Day Saint movement, on July 12, 1843. As polygamy was illegal in the state of Illinois [Greiner & Sherman, Revised Laws of Illinois, 1833, pg. 198-199] , it was practiced privately. Though during the 1839-44 Nauvoo era several Mormon leaders including Smith, Brigham Young and Heber C. Kimball took plural wives, Mormon elders who publicly taught that all men were commanded to enter plural marriage were subject to discipline; for example, the February 1, 1844 excommunication of Hyram Brown. [ [http://www.centerplace.org/history/ts/v5n03.htm Times and Seasons, vol. 5, pg. 423] , February 1, 1844] In May 1844 Smith declared, "What a thing it is for a man to be accused of committing adultery, and having seven wives, when I can only find one." [ [http://www.boap.org/LDS/History/History_of_the_Church/Vol_VI History of The Church of Jesus Christ of Latter-day Saints, Volume VI] , edited by B. H. Roberts, 1902.]

After the death of Joseph Smith, the practice of polygamy was carried to the West by The Church of Jesus Christ of Latter-day Saints, then led by Brigham Young. In what is today Utah and some surrounding areas, the principle of plural marriage was openly practiced. In 1852, Young felt the Church in Utah was secure enough to announce the practice of polygamy to the world. However the opposition by the U.S. government threatented the legal standing of the church. President Wilford Woodruff announced the church's official abandonment of the practice on September 25, 1890. Woodruff's declaration was formally accepted in a church general conference on October 6, 1890. The Church's stand on the practice of polygamy was reinforced by a second formal statement in 1904, renouncing the practice in all areas of the world. [Scriptures of The Church of Jesus Christ of Latter-day Saints, for the Sunday Schools, Salt Lake City: Deseret Sunday School Union, 1968, p. 159] Although the largest part of the Mormon population accepted the prohibition on plural marriage, various splinter groups left the mainline LDS Church to continue the open practice of plural marriage.

Latter Day Saint Fundamentalism

Some sects that practice or at least sanction polygamy are the Fundamentalist Church of Jesus Christ of Latter Day Saints, the Latter-day Church of Christ and the Apostolic United Brethren. Polygamy among these groups persists today in Utah, Arizona, Colorado, Canada, and other neighboring states, and the spin-off colonies, as well as among isolated individuals with no organized church affiliation.Fact|date=May 2008 Polygamist churches of Latter Day Saint origin are often referred to as "Mormon fundamentalist" even though, because they are practicing polygamy, they are not a part of the LDS church and therefore are not accurately considered "Mormon". They often use an ambiguous September 27, 1886 revelation to John Taylor as the basis for their authority to continue the practice of plural marriage. [ [http://www.mormonfundamentalism.com/NEWFILES/1886RevelationNew.htm "An 1886 Revelation to John Taylor"] ]

The "Salt Lake Tribune" states there are as many as 37,000 fundamentalists, with less than half of them living in polygamous households. [ [http://www.principlevoices.org/article.php?story=20050828124239994 "LDS splinter groups growing"] by Brooke Adams, August 9, 2005 - SLT Article ID: 10BF07C805DE5990 ] Most of the polygamy is believed to be restricted to about a dozen extended groups of polygamous fundamentalists.Fact|date=May 2008 The LDS Church asserts that it is improper to call any of these splinter polygamous groups "Mormon." [ [http://www.lds.org/ldsnewsroom/v/index.jsp?vgnextoid=21525e876b68f010VgnVCM100000176f620aRCRD&vgnextchannel=9ae411154963d010VgnVCM1000004e94610aRCRD "Mormon Fundamentalists"] , 6 March 2006 press release by the LDS Church] [ [http://www.lds.org/ldsnewsroom/v/index.jsp?vgnextoid=0ebf22526078f010VgnVCM100000176f620aRCRD&vgnextchannel=9ae411154963d010VgnVCM1000004e94610aRCRD "Polygamist Sects Are Not 'Mormons,' Church Says"] , 25 October 2006 press release by the LDS Church]

Current Polygamist Groups

Members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) practice polygamy in arranged marriages that often, but not always, involved placing young girls with older men. FLDS members live in the twin communities of Hildale, Utah, and Colorado City, Arizona, about 350 miles southeast of Salt Lake City, with other communities in Canada, Texas and other areas of the North American west. The head of this church is currently Warren Jeffs [ [http://www.proquest.com/] The Associated Press. "National Briefs. " Telegraph - Herald [Dubuque, Iowa] 21 Nov. 2007,C3. ProQuest Newsstand. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007 ] .

Overall in Utah today, those living in polygamist families number about 40,000 people, or about 2 percent of the population [ [http://www.proquest.com/] James Brooke. "Utah Struggles With a Revival of Polygamy. " New York Times [New York, N.Y.] 23 Aug. 1998, Late Edition (East Coast): 12. ProQuest Newsstand. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007 ] . Polygamists are difficult to prosecute because many only seek marriage licenses for their first marriage, while the other marriages are secretly conducted in private ceremonies. Thereafter, secondary wives attempt to be seen in public as single women with children [ [http://www.proquest.com/] James Brooke. "Utah Struggles With a Revival of Polygamy. " New York Times [New York, N.Y.] 23 Aug. 1998, Late Edition (East Coast): 12. ProQuest Newsstand. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007 ] .

Multiple divorce and marriage for polygamy

Some polygamous families use a system of multiple divorce and legal marriage as a loophole in order to avoid committing a criminal act. In such cases the husband marries the first wife, she takes his last name, he divorces her and then marries the next wife, who takes his name. This is repeated until he has married and divorced all his wives, except possibly the last one. This way the wives feel justified in calling themselves Mrs. [husband's last name] and, while legally they're divorced from the husband, they still act as if married to him and expect those around them to acknowledge and respect this.

Since only one wife is officially married to the husband at any one time, no law is being broken and so this type of polygamous family unit can be overt about their relationship.

The conviction of Thomas Arthur Green in 2001 may have made the legal status of such relationships more precarious in Utah, although Green's bigamy convictions were made possible only by his own public statements.

Polygamy today

Those who live in their own communities tend to find their additional spouses from within their own communities or networks of like communities. This can involve daughters of polygamous families entering into arranged marriages with older men who already have a number of wives. This is commonly called daughter swapping. Marriage age can be young and sometimes below the legal minimum. Young men are often forced to leave the communities so that the women they would otherwise marry will be left to provide wives for older polygamous males. It is also not uncommon for fairly close relatives to marry, leading to inbreeding, though part of this comes from the difficulty of keeping track of the complex net of familial relations.

Those who are geographically separated from other polygamists in their culture use other means to find additional spouses.

These fundamentalist sects tend to aggregate in communities where they all commonly share their own specific religion and thus basis for polygamy. These small groups ranging from a few hundred to about 10,000 are reported to be located in various communities of the Western United States, Canada, and Mexico including: [cite web|url=http://attorneygeneral.utah.gov/polygamy/The_Primer.pdf |title=The Primer, Helping Victims of Domestic Violence and Child Abuse in Polygamous Communities |author=Utah Attorney General's Office and Arizona Attorney General's Office |accessdate=2006-05-31 |format=pdf]

Recent polygamy cases

The practice of informal polygamy among fundamentalist groups presents interesting legal issues. It has been considered difficult to prosecute polygamists for bigamy, in large part because they are rarely formally married under state laws. Without evidence that suspected offenders have multiple formal or common-law marriages, these groups are merely subject to the laws against adultery or unlawful cohabitation — laws which are not commonly enforced because they also criminalize other behavior that is otherwise socially sanctioned. However, some "Fundamentalist" polygamists marry women prior to the age of consent, or commit fraud to obtain welfare and other public assistance.

In 1953, the state of Arizona investigated and raided a group of 385 people in the polygamist-practicing colony of Hildale and Colorado City, straddling the Utah-Arizona border. All the men were arrested and the children were placed with foster families. A judge eventually ruled this action illegal, and everyone returned to their community, which now numbers about 10,000. [ [http://www.proquest.com/] Nicholas Riccardi. "The Nation; Jeffs may be put away for life, but polygamy's at large in Utah : [HOME EDITION] . " Los Angeles Times [Los Angeles, Calif.] 27 Sep. 2007,A.13. Los Angeles Times. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007 ]

In 2001, in the state of Utah in the United States, Juab County Attorney David O. Leavitt successfully prosecuted Thomas Green who was convicted of criminal non-support and four counts of bigamy for having five serially monogamous marriages, while living with previous legally divorced wives. His cohabitation was considered evidence of a common-law marriage to the wives he had divorced while still living with them. That premise was subsequently affirmed by the Utah Supreme Court in State v. Green, as applicable only in the State of Utah. Green was also convicted of child rape and criminal non-support. [ [http://www.utcourts.gov/opinions/supopin/greeni090304.htm State v. Green] ]

In 2005, the state attorneys-general of Utah and Arizona issued a primer on helping victims of domestic violence and child abuse in polygamous communities. [ [http://www.attorneygeneral.utah.gov/polygamy.html Utah Attorney General Office Polygamy page] , which describes [http://www.attorneygeneral.utah.gov/polygamy/The_Primer.pdf The Primer: Helping Victims of Domestic Violence and Child Abuse in Polygamous Communities] ] Enforcement of crimes such as child abuse, domestic violence, and fraud were emphasized over the enforcement of anti-polygamy and bigamy laws. The priorities of local prosecutors are not covered by this statement.

Edith Barlow, a mother of five in the polygamous community of Bountiful, B.C., was denied permanent residence and has been asked to leave the country after ten years in Canada. [ [http://www.rickross.com/reference/polygamy/polygamy400.html Salt Lake Tribune article about Edith Barlow] ] In Canada, polygamy is a criminal offence [ [http://www.canlii.org///ca/sta/c-46/sec293.html Section 293] of the "Criminal Code".] but prosecutions are rare. The Attorney General in British Columbia has expressed concerns over whether this prohibition is constitutional; an independent prosecutor in British Columbia recommended that Canadian courts be asked to rule on the constitutionality of the law against polygamy. [ [http://www.reuters.com/article/worldNews/idUSN3127523520070801 Reuters: Canada urged to review legality of polygamy ban] "] A 2005 report by the Alberta Civil Liberties Research Centre recommended that Canada decriminalize polygamy, stating: "Criminalization is not the most effective way of dealing with gender inequality in polygamous and plural union relationships. Furthermore, it may violate the constitutional rights of the parties involved." [ [http://www.swc-cfc.gc.ca/pubs/pubspr/0662420683/200511_0662420683-3_8_e.html#2 Polygamy in Canada: Legal and Social Implications for Women and Children – A Collection of Policy Research Reports] ".]

In 2008, starting on April 4, Texas State officials took 436 children into temporary legal custody after someone claiming to be a 16-year-old girl made a series of phone calls to authorities in late March, claiming she had been beaten and forced to become a "spiritual" wife to an adult man. Acting on her calls, authorities raided the ranch in Eldorado, about 40 miles south of San Angelo. The YFZ Ranch is owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), a Mormon offshoot that practices polygamy. Two men were arrested for obstructing the raid, and it remained unclear whether the person who made the initial call has been located by authorities. The children ranged in age from infants to teenagers, including teenage mothers and pregnant teens. [cite news | url= http://www.deseretnews.com/article/1,5143,695268544,00.html | title= Affidavit: FLDS raid spurred by girl's reports of physical, sexual abuse | date= 8 April 2008 | publisher= Deseret Morning News | accessdate= 2008-04-09 ] [cite news | url= http://www.deseretnews.com/article/1,5143,695273381,00.html | title= Number of children in Texas custody rises — some young mothers are actually under 18 | date= 24 April 2008 | publisher= Deseret Morning News | accessdate= 2008-04-25 ]

Arrests of individuals

Warren Jeffs, 51, was formerly leader of the Fundamentalist Church of Jesus Christ of Latter-Day Saints was convicted in September 2007, tried and found guilty of rape as an accomplice for allegedly coercing the marriage of a 14-year-old follower to her 19-year-old cousin. [ [http://www.proquest.com/] Polygamist leader guilty; Warren Jeffs convicted of being an accomplice to rape, could get life in prison : [RedEye Edition] . " Chicago Tribune [Chicago, Ill.] 26 Sep. 2007,16. Chicago Tribune. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007 ]

David Bateman, 49, was convicted of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor in December 2006. Bateman was legally married to another woman in 2001 when he had sex with a 17- year-old girl assigned to him through the church [ [http://www.proquest.com/] Dave Hawkins. "Arizona polygamist sentenced to prison. " Las Vegas Review - Journal [Las Vegas, Nev.] 19 Dec. 2006,8B. ProQuest Newsstand. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007] .

Brian David Mitchell, 49, was charged in 2003 for the kidnapping and sexual abuse of Elizabeth Smart, a 15-year-old girl from Utah. Mitchell is a polygamist and intended to make Smart his wife. Mitchell does not belong to any certain group of polygamists. He was once a member of the mainstream Church of Jesus Christ of Latter-day Saints, but was excommunicated from the church due to his extreme beliefs [ [http://www.proquest.com/] Leo Sandon. "Elizabeth Smart case pushes the envelope. " Knight Ridder Tribune News Service 9 April 2003 1. ProQuest Newsstand. ProQuest. Brigham Young University, Provo, Utah. 12 Dec. 2007 ] .

Tom Green, 54, was found guilty of child rape in June 2002 for having sex with 13-year-old Linda Kunz in 1986. In 2001, he also was convicted of being married to five women at the same time, all of whom were 16 or under when they married him [Usa: Utah Polygamist is Sentenced for Child Rape." Women's International Network News 28.4 (2002): 90.] .

References

* Kilbride, Philip. "Plural Marriage for Our Times: A Reinvented Option?" Bergin & Garvey; 1994.
* Lauman, Edward O., John H. Gagnon, Robert T. Michael, and Stuart Michaels. "The Social Organization of Sexuality: Sexual Practices in the United States: Chapter 13: Sex, Cohabitation, and Marriage." Chicago: University of Chicago Press, 1994.
* Loue, Sana. "Sexual Partnering, Sexual Practices, and Health, Chapter Two: Multi-Bonding: Polygamy, Polygyny, Polyamory." Springer Publications, 2005. ISBN 0387259236
* Murdock, George Peter. Social Structure. New York: The MacMillan Company, 1949. ISBN 0-02-922290-7.

External links

* [http://goliath.ecnext.com/coms2/gi_0199-4302953/Public-Vows-A-History-of.html "Public Vows: A History of Marriage and the Nation". Excerpt, 2005.]