List of polygamy court cases

Mormonism and polygamy
Portrait of Ira Eldredge with his three wives: Nancy Black Eldredge, Hannah Mariah Savage Eldredge, and Helvig Marie Andersen Eldredge.
Background Origin of Latter Day Saint polygamy • Late-19th century Mormon polygamy • 1890 Manifesto • Second Manifesto (1904) • Council of Friends
Current state of polygamy Modern Latter Day Saint polygamy • Mormon fundamentalism • Leaders
Prominent practitioners Joseph Smith • Wives of Joseph Smith • Brigham Young • Wives of Brigham Young • List of Mormon polygamists • FLDS Church • AUB
Related legislation Morrill Anti-Bigamy Act • Poland Act • Edmunds Act • Edmunds–Tucker Act • Reed Smoot hearings
Related case law Reynolds v. US • Cannon v. US • Clawson v. US • Davis v. Beason • Late Corp. of the LDS Church v. US • Cleveland v. US • Brown v. Buhman • List of polygamy court cases
Related articles Celestial marriage • Spiritual wifery • Polygamy in North America • Timeline of civil marriage in the US • Freedom of religion in the US • Mormon colonies in Mexico • Latter-day Saint settlements in Canada • Short Creek raid • Lost boys • YFZ Ranch • Polygamy czar • Legal status of polygamy
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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

• Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588^[1] — Court opinion that prohibition of polygamy is constitutionally valid.^[2]

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

• Reynolds v. United States, 98 U.S. 145 (1878)
• Miles v. United States, 103 U.S. 304 (1880)
• Clawson v. United States, 113 U.S. 143 (1885) — established cohabitation as unlawful
• Murphy v. Ramsey, 114 U.S. 15 (1885) — Edmunds Act not ex post facto because charges were for continued cohabitation, not for the prior illegal marriage
• Clawson v. United States, 114 U.S. 477 (1885)
• Cannon v. United States, 116 U.S. 55 (1885) — "cohabit" in criminal statue is "living together as husband and wife"
• Snow v. United States, 118 U.S. 346 (1886)
• Cannon v. United States, 118 U.S. 355 (1886)
• In re Snow, 120 U.S. 274 (1887) — multiple convictions overturned, as cohabiting was a continuous offense, and cannot be charged separately for individual years of offence
• Ex parte Hans Nielsen, 131 U.S. 176 (1889) — polygamy is not adultery
• Bassett v. United States, 137 U.S. 496 (1890) — polygamous wives can be required to testify as they are not a wife
• Davis v. Beason, 133 U.S. 333 (1890) — upheld ban on voting and holding political office in the Idaho Territory for all members of organizations that teach or advocate polygamy
• Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States, 136 U.S. 1 (1890) and 140 U.S. 665 (1891)

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

• Legal status of polygamy
• Short Creek raid
• YFZ Ranch § April 2008 raid

References