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by scarface74 1145 days ago
https://supreme.findlaw.com/legal-commentary/sister-wives-wi...

> If even one of the marriages is a legal, civil marriage, then Kody and the wives are probably guilty of bigamy under Utah's definition. The Utah Code states that a "person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person." This is broad in three respects -- it criminalizes the behavior of both purported spouses, not just the one who is already married; it, as interpreted by the state's highest court, includes religious ceremonies undertaken without a civil license as falling under the heading of "purporting to marry"; and it criminalizes cohabitation (as well as actual marriage) with a second person while married to someone else.

2 comments

Wouldn't the solution be to not marry anyone and solely cohabitate with your partners? Get power of attorney, etc. to close the gap on the marriage perks.
A spouse is eligible to draw half of their spouses social security instead of their own if it would be a higher amount without affecting the working spouse’s social security.
There’s an actual court case you could look at. It was thrown out on appeal because the state didn’t prosecute them.
You can’t minimize the chilling effect of being targeted and prosecuted by the government even if it is thrown out on appeal. Were they jailed during the appeal process? Were they allowed to leave the country or even state with a pending court case?
No to all of that, it was a civil not a criminal case.

The family brought the lawsuit, which was thrown out because they didn’t have standing. They lacked standing because the government hadn’t prosecuted them.