List of polygamy court cases
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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
References
- ^ "Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588", British Columbia: Supreme Court of British Columbia [CanLII.org], Canadian Legal Information Institute
- ^ Phelan, Alexandra (23 November 2011), "Case notes: Canadian Court says criminalisation of polygamy is a valid limitation on the right to freedom and liberty", hrlc.org.au, Human Rights Law Centre (Melbourne, Vic)
- ^ a b "Sentencing manual: Bigamy", Prosecution Policy and Guidance: Legal Guidance [cps.gov.uk], Crown Prosecution Service, retrieved 2014-09-17
- ^ "In Re State in Interest of Black", Utah Case Law: Utah Supreme Court Decisions, 1955, Justia [Law.Justia.com]
- ^ "760 F. 2d 1065 - Potter v. Murray City G M L", OpenJurist.org, OpenJurist
- ^ Barlow v. Blackburn, 798 P. 2d 1360 - Ariz: Court of Appeals, 1st Div., Dept. C 1990 – via Google Scholar
- ^ "Matter of Adoption of WAT", Utah Case Law: Utah Supreme Court Decisions, 1991, Justia [Law.Justia.com]
- ^ "Barlow v. Evans, 993 F. Supp. 1390 (D. Utah 1997)", CourtListener.com, CourtListener, Free Law Project
- ^ "State of Utah v. Green", Utah Case Law: Utah Supreme Court Decisions, 2004, Justia [Law.Justia.com]
- ^ Waddoups, Clark (December 13, 2013), Memorandum Decision And Order Granting In Part Plaintiffs' Motion For Summary Judgement, Case No. 2:11-cv-0652-CW
- ^ Schwartz, John (September 14, 2013), "A Law Prohibiting Polygamy is Weakened", New York Times
- ^ Mears, Bill (December 14, 2013). "'Sister Wives' case: Judge strikes down part of Utah polygamy law". CNN.com. CNN. Retrieved 2013-12-19.
- ^ Peggy Fletcher Stack (December 14, 2013), "Laws on Mormon polygamists lead to win for plural marriage", The Salt Lake Tribune, retrieved 2013-12-19
- ^ "Carrick v. Snyder et al". Justia Dockets & Filings.
- ^ Oralandar Brand-Williams, The Detroit News (13 January 2015). "Minister sues Mich. for right to marry same-sex couples". detroitnews.com.