Polygamy: Utah’s Best Kept Secret?

 

This guest post is from Morgan Ewing, Regent Law 2L and current Family Law student:

In May 2020, the Utah legislature passed an act that downgraded bigamy and polygamy laws from felonies to infractions punishable by fine only. The Associated Press reports that nearly 30,000 Utahns currently practice polygamy, many of whom are gathered into commune-esque fundamentalist groups whose culture condones a laundry list of crimes such as underage marriage, tax fraud, and child labor.

 

Unfortunately, Utah prosecutors have established an unspoken policy of tolerance towards polygamy and the attendant crimes that may be even more harmful than polygamy itself. Considering the complicated dependent relationship between Utah’s legislature, the LDS Church, and prosecutors’ offices, things get sticky when it comes to Utah bigamy and polygamy statutes and, more consequentially, the enforcement of those statutes.

 

But there is hope despite these facts: The Act creates safe havens for members of fundamentalist groups who are afraid to leave for fear of retribution, excommunication, or felony prosecution.  While group members are taught that the police are evil and are trying to persecute their religion, under this new bill "apostates" (as they're called by the groups) who leave can seek help and start new lives with the assistance of organizations like Holding Out Hope. Escapees could even cooperate with police to help enforce the attending violations of laws within the groups. This is exciting!

 

However, if Utah prosecutor's offices continue in their policy of non-prosecution of the attendant crimes in these groups, we can't expect any substantive change. This could be a great chance to do justice. Although we can encourage prosecutors to start addressing this issue, it cannot be overlooked that Utah prosecutors are unofficially responsible to the Utah legislature who, in turn, tends to be loyal to the LDS Church. Prosecutors undoubtedly recognize the potential for huge doctrinal issues within the Church if they publicly condemn polygamy. Even though the Church formally denounced polygamy in the 19th Century, the LDS Church still espouses that once man dies and enters his own heaven, he will practice polygamy. If Utah legislators and prosecutors focus on prosecuting crimes within fundamentalist polygamist communities, they would unavoidably shed light on this tenant of the LDS faith that the main stream LDS leaders prefer to keep hidden. After all, the reality of the LDS Church’s view of polygamy is Utah’s best kept secret, even from its own members.

 

A family restoration approach, of course, encourages those who are vulnerable and abused by any church to seek legal remedy and restoration with healthy family values.