Is Polygamy Legal in the US? Everything You Need to Know About Plural Marriage Laws in America

No, polygamy is not legal anywhere in the United States. Every state prohibits having multiple legal marriages simultaneously, and federal law explicitly bans recognition of polygamous marriages. However, enforcement varies significantly, and recent legal changes in some states have reduced penalties.

Here’s something that might surprise you: Despite polygamy being illegal nationwide, an estimated 30,000 to 50,000 people in the U.S. currently live in polygamous families. Yet prosecutions are extremely rare—most states haven’t filed polygamy charges in decades.

This disconnect between law and enforcement creates massive confusion about what’s actually illegal, what consequences you face, and when authorities actually pursue charges.

Understanding Polygamy vs. Bigamy: What’s the Legal Difference?

Before diving into state laws, let’s clear up terminology that courts use differently.

Bigamy specifically means being legally married to two or more people at the same time. It’s the criminal act of obtaining multiple marriage licenses.

Polygamy is broader—it describes the practice of having multiple spouses, whether through legal marriages, religious ceremonies, or cohabitation arrangements.

Legal prohibitions only apply to formal marriages recognized by the state. Adults can maintain relationships with multiple partners without legal consequences, as long as only one marriage is legally registered.

This distinction matters enormously. You can’t go to jail for living with multiple partners or having spiritual “marriages” that aren’t legally filed. The crime is attempting to obtain multiple marriage licenses or representing yourself as legally married to multiple people.

Federal Law on Polygamy: The Legal Foundation

Federal law explicitly prohibits recognition of marriages between more than two individuals, ensuring no federal benefits or legal status can apply to polygamous marriages.

This prohibition has deep historical roots. In 1862, Congress passed the Morrill Anti-Bigamy Act targeting Mormon polygamy in Utah Territory. The Edmunds Act of 1882 strengthened federal enforcement further.

The legal framework was cemented in 1878 with Reynolds v. United States, the Supreme Court case that remains the definitive ruling on polygamy.

Reynolds v. United States: The Landmark Case

Reynolds v. United States was the Supreme Court’s first case addressing First Amendment religious liberties, establishing that religious duty cannot serve as a defense to criminal prosecution.

George Reynolds, a Mormon practicing plural marriage, argued his religious beliefs protected him from bigamy laws. The Court ruled unanimously that laws banning polygamy were constitutional and did not violate individuals’ First Amendment right to free exercise of religion.

The Court’s reasoning? While you’re free to believe anything, you can’t break criminal laws just because your religion requires it. This precedent still stands today. You can read the full decision at Cornell Law School’s Supreme Court database.

Related article: Is Polygamy Legal in the US for Muslims? Legal Analysis with Statutes

State-by-State Polygamy Laws: Where It’s Illegal (Everywhere)

Polygamy is uniformly illegal across all 50 states in the United States, rooted in historical efforts to regulate family structures and maintain societal norms.

But here’s where it gets complicated: Each state classifies polygamy differently and assigns vastly different penalties.

Criminal Penalties by Classification

Most states treat polygamy as a felony, but the degree varies:

Third-Degree Felonies (Texas, Florida): Up to 5 years prison, $5,000 fine

Fourth-Degree Felonies (Ohio, New Mexico): Up to 18 months prison, $5,000 fine

Class D Felonies (Kentucky, Missouri): 1-5 years prison

Class C Felonies (Oregon, Washington): Up to 5 years prison, $125,000 fine

Some states classify it as a misdemeanor:

Class A Misdemeanors (Illinois, Minnesota): Up to 1 year jail, $2,500 fine

Class 1 Misdemeanors (Virginia): Up to 12 months jail, $2,500 fine

Utah: The Game-Changing Exception

Utah made headlines in 2020 with a dramatic legal shift.

The Utah Senate gave final approval to legislation reducing polygamy among consenting adults to an infraction—an offense below some traffic tickets—essentially decriminalizing the practice.

Under the new law, polygamy among consenting adults became an infraction carrying no jail time, with punishments limited to fines up to $750 and community service.

Previously, bigamy was a third-degree felony in Utah, legally punishable by up to five years in prison and up to a $5,000 fine.

Important: Utah didn’t legalize polygamy. The law doesn’t legalize polygamy and doesn’t violate Utah’s constitutional prohibition on plural marriage. You still can’t obtain multiple marriage licenses. The change only reduced criminal penalties for the practice itself.

This reform emerged from recognition that felony prosecution drove polygamous communities underground, making abuse victims afraid to report crimes. By reducing penalties, lawmakers hoped to encourage people to seek help.

What Actions Constitute Illegal Polygamy?

Understanding what’s actually prohibited matters if you’re concerned about legal exposure.

These Actions Are Criminal:

• Obtaining multiple marriage licenses simultaneously
• Being legally married and applying for another marriage license without divorcing
• Marrying someone you know is already legally married to another person
• Representing yourself in legal documents as having multiple spouses
• Claiming legal marriage benefits (tax filing, insurance) for multiple spouses

These Actions Are Generally Legal:

• Living with multiple romantic partners in one household
• Having children with multiple partners you’re not married to
• Religious or spiritual “marriage” ceremonies without legal marriage licenses
• Open relationships or polyamorous arrangements
• Being legally married to one person while dating others (if all parties consent)

The distinction: Criminal polygamy requires attempting to establish multiple legal marriages recognized by the state.

How Polygamy Laws Are Actually Enforced

Here’s the reality that surprises most people: Polygamy prosecutions are exceptionally rare.

Felony polygamy laws haven’t stopped polygamy at all and actually enabled abuse to occur and remain unchecked by driving communities underground.

When Prosecutors Actually File Charges

Polygamy charges typically appear in combination with other serious crimes:

1. Welfare fraud – Claiming benefits for multiple “single” households that are actually one family
2. Tax evasion – Filing false tax returns claiming multiple heads of household
3. Child abuse or sexual abuse – Particularly involving minors
4. Human trafficking or smuggling – Bringing people across borders for forced marriages
5. Immigration fraud – Misrepresenting marital status on visa applications

Polygamists who commit frauds, abuses, or engage in other conduct like human smuggling can still be convicted under enhanced charges.

Pure polygamy charges without accompanying crimes? Almost unheard of.

High-Profile Cases That Led to Prosecution

Warren Jeffs (2011) – Leader of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, convicted of child sexual assault involving his “spiritual wives,” some as young as 12. He’s serving life in prison plus 20 years.

Tom Green (2001) – Utah polygamist convicted on four counts of bigamy and child rape. He received a five-year prison sentence, notable as one of the few modern prosecutions focused primarily on bigamy itself rather than abuse.

These cases involved far more than simple plural marriage between consenting adults.

Can Religious Beliefs Protect Polygamy?

The short answer: No.

Religious freedom arguments have been raised repeatedly since Reynolds v. United States in 1878. They’ve consistently failed.

The First Amendment protects religious belief and most religious practices. But courts have long held it doesn’t create blanket immunity from criminal laws.

Why Religious Defense Fails

Courts apply a balancing test:

Government interest in prohibiting polygamy (preventing fraud, protecting vulnerable family members, maintaining uniform marriage laws) versus individual’s religious practice (plural marriage as religious requirement).

Courts have consistently ruled the government interest outweighs religious freedom claims when it comes to polygamy.

Think of it like this: You can believe your religion requires polygamy. You can hold that belief deeply and sincerely. You just can’t act on it through multiple legal marriages without facing legal consequences.

The same principle applies to other religious practices that violate criminal law—courts have upheld prosecutions for religious practices involving controlled substances, child abuse, and financial fraud despite sincere religious claims.

For detailed analysis of religious freedom jurisprudence, check out resources from the First Amendment Center.

The Difference Between Polygamy and Polyamory

Modern terminology distinguishes between polygamy and polyamory, though legally the distinction matters less than many people think.

Polyamory describes consensual non-monogamous relationships where people maintain multiple romantic partnerships with everyone’s knowledge and consent.

Polyamorous people typically don’t seek multiple legal marriages. About a third of polled American singles report they’ve had a consensually nonmonogamous relationship.

Since polyamory doesn’t involve obtaining multiple marriage licenses, it doesn’t trigger bigamy statutes. Living together, raising children together, even holding yourselves out as a family unit—all legal, provided only one couple is legally married (or no one is legally married).

Some polyamorous advocates are pushing for legal recognition of multi-partner relationships, but currently no state recognizes such arrangements legally.

Legal Consequences Beyond Criminal Charges

Even without prosecution, polygamy creates complex legal problems.

Family Law Complications

Child Custody: When multiple adults claim parental roles, custody disputes become nightmares. Courts may question fitness of parents in polygamous relationships, though this varies by jurisdiction and specific circumstances.

Property Rights: Only legally married spouses have property rights in divorce. “Sister wives” or spiritual spouses have no legal claims to property or assets accumulated during the relationship.

Inheritance: Without legal marriage, you can’t inherit under intestacy laws. Estate planning becomes crucial—but even well-drafted wills can face challenges from legal spouses.

Immigration Consequences

Polygamy creates severe immigration barriers.

U.S. immigration law explicitly addresses polygamy. Anyone who has practiced polygamy can be denied visas, green cards, or citizenship. Even if you’re no longer in a polygamous relationship, past practice can lead to denial.

If immigration officials discover you’re in a polygamous marriage when applying for family-based immigration, both the petition and any related applications will be denied.

Learn more from the U.S. Citizenship and Immigration Services.

Benefits and Insurance Issues

Social Security: Only one legal spouse can claim spousal benefits.

Health Insurance: You can’t add multiple spouses to employer-sponsored health insurance.

Tax Filing: Only one legal spouse can file jointly with you. Claims of multiple spouses can trigger tax fraud investigations.

Military Benefits: Only legally married spouses qualify for military benefits and protections.

These limitations mean people in polygamous relationships face significant financial disadvantages compared to legally married couples.

Why Polygamy Remains Illegal Despite Changing Marriage Laws

After the Supreme Court legalized same-sex marriage nationwide in Obergefell v. Hodges (2015), some wondered whether polygamy prohibitions would fall next.

They haven’t. Here’s why courts see fundamental differences:

Same-sex marriage involved two consenting adults seeking equal recognition of their relationship—the same rights opposite-sex couples had.

Polygamy involves changing the fundamental structure of marriage from a two-person contract to a multi-party arrangement, creating complex legal issues around:

• Property rights among multiple spouses
• Custody arrangements in divorces involving multiple adults
• Immigration and citizenship
• Tax and benefit structures designed for two-person marriages
• Power imbalances and consent issues in multi-party arrangements

Courts also cite concerns about coercion, exploitation, and particularly the protection of women and children in patriarchal polygamous communities.

Whether these distinctions will hold up to future legal challenges remains to be seen, but currently there’s no indication courts are reconsidering polygamy prohibitions.

Recent Legal Developments and Reform Efforts

Beyond Utah’s 2020 decriminalization, polygamy law has seen limited reform.

Advocacy Movements

Several organizations advocate for decriminalization or legalization:

Principle Voices – Advocates for polygamous families, arguing consenting adults should have relationship freedom

Canadian Polyamory Advocacy Association – Works on legal recognition of multi-partner relationships

Academic researchers studying polygamy increasingly distinguish between coercive polygamy (often involving child brides, welfare fraud) and consensual adult polygamy.

Arguments for Decriminalization

Supporters argue:

• Criminal penalties drive communities underground
• Victims of abuse fear reporting crimes
• Consenting adults should have relationship freedom
• Current enforcement is inconsistent and ineffective
• Polygamy prohibition reflects religious bias against minority practices

Arguments Against Reform

Opponents maintain:

• Polygamy often involves exploitation and abuse, particularly of women
• Child marriage and statutory rape frequently accompany polygamy
• Welfare fraud is common in polygamous communities
• Legal recognition would create complex family law problems
• Religious freedom doesn’t require accommodating practices that harm vulnerable people

Currently, no state legislature besides Utah is seriously considering polygamy law reform.

What to Do If You’re in a Polygamous Relationship

If you’re currently in a polygamous relationship or considering one, understand your legal position.

Legal Risk Assessment

Low Risk: Living with multiple partners, having children with multiple partners, religious ceremonies without legal marriage licenses

Moderate Risk: Presenting yourself publicly as having multiple spouses, filing joint financial accounts, applying for benefits together

High Risk: Attempting to obtain multiple marriage licenses, committing welfare or tax fraud, involving minors in polygamous marriages

Practical Legal Steps

1. Ensure only one legal marriage – If you want a plural family, keep only one relationship legally married
   
2. Get estate planning documents – Wills, trusts, powers of attorney for non-legal spouses who wouldn’t inherit automatically
   
3. Clarify parental rights – Establish legal parentage through adoption or recognition for non-biological parents
   
4. Keep finances separate – Avoid joint financial arrangements that could trigger fraud investigations
   
5. Consult a family law attorney – Get specific advice for your situation from a lawyer in your state
   
6. Document consent – If authorities ever question whether relationships are consensual, documentation helps
   

For family law guidance, visit relevant articles on AllAboutLawyer.com about custody arrangements and family law planning.

If You’re Facing Charges

If you’re under investigation or facing charges:

1. Don’t talk to law enforcement without an attorney – Anything you say can be used against you
2. Hire a criminal defense attorney immediately – Preferably one with experience in family law and religious freedom issues
3. Don’t discuss your case publicly – Social media posts and public statements can hurt your defense
4. Gather documentation – Collect evidence showing adult consent and absence of fraud or abuse
5. Understand potential plea deals – Many polygamy prosecutions resolve through negotiated pleas

How US Polygamy Laws Compare Internationally

The United States isn’t unique in prohibiting polygamy, but it’s stricter than many countries.

Countries where polygamy is legal:

• Most Muslim-majority nations in Middle East and North Africa
• Many sub-Saharan African countries
• Parts of South and Southeast Asia

Countries with similar prohibitions:

• All European nations
• Most of Latin America
• Canada (though rarely enforced)
• Australia and New Zealand

Interesting variations:

• Canada prohibits polygamy but rarely prosecutes, similar to most US states before Utah’s reform
• United Kingdom recognizes polygamous marriages performed in countries where they’re legal, though you can’t enter into polygamous marriage in the UK itself
• India allows Muslims to practice polygamy under personal law systems, though Hindu polygamy is illegal

The US stands out for having extensive state-by-state variation in penalties despite universal prohibition, and for the historical connection between polygamy laws and religious persecution of Mormons.

For perspective on immigration implications, check out our guide on immigration legal matters.

Frequently Asked Questions

Can you go to jail for polygamy in the US?

Yes, but it’s rare. Most states classify polygamy as a felony with potential prison sentences ranging from 1-5 years. However, actual prosecution for polygamy alone (without additional crimes like fraud or abuse) is extremely uncommon. Utah reduced penalties in 2020, making bigamy an infraction with no jail time rather than a felony punishable by up to five years in prison.

Is polygamy illegal in all 50 states?

Yes. Polygamy is illegal under federal law and the laws of all 50 states, meaning a person cannot be legally married to more than one person at the same time. There are no exceptions. However, enforcement levels and penalties vary significantly by state.

What’s the difference between polygamy and bigamy?

Bigamy specifically refers to the crime of being legally married to two or more people simultaneously—it’s the legal/criminal term. Polygamy describes the broader practice of having multiple spouses, whether through legal marriages, religious ceremonies, or cohabitation. All bigamy involves polygamy, but not all polygamy involves bigamy (you can practice polygamy through non-legal arrangements).

Can religious beliefs make polygamy legal?

No. The Supreme Court established that religious duty does not provide a valid defense to criminal charges. While the First Amendment protects religious belief and most practices, it doesn’t exempt people from generally applicable criminal laws. You can believe your religion requires polygamy, but you can’t legally act on that belief through multiple legal marriages.

Has anyone been prosecuted for polygamy recently?

Recent prosecutions for polygamy alone are extremely rare. Most modern cases involve polygamy as one charge among several more serious allegations including welfare fraud, child abuse, tax evasion, or human trafficking. Law enforcement typically doesn’t pursue charges against consenting adults in polygamous relationships unless other crimes are involved.

Is polyamory the same as polygamy legally?

No. Bigamy and polygamy refer specifically to legal marriages, while there are no laws limiting cohabitation or relationships with more than two partners. Polyamory typically involves consensual non-monogamous relationships without multiple legal marriages. Since polyamorous arrangements don’t involve attempting to obtain multiple marriage licenses, they don’t violate bigamy statutes.

What happens if you marry two people?

If you attempt to obtain a second marriage license while already married, you’re committing bigamy—a felony in most states. The second marriage would be legally void. You could face criminal charges including up to 5 years in prison (in many states), fines, and serious consequences for immigration status, professional licenses, and custody of children. Additionally, attempting to claim spousal benefits for multiple people could trigger welfare or tax fraud investigations.

Are polygamy laws changing in the US?

Currently, only Utah has reformed its polygamy laws, reducing the offense from a felony to an infraction in 2020. No other states are actively pursuing similar reforms. However, enforcement of polygamy laws remains inconsistent nationwide, with most jurisdictions not actively prosecuting consensual adult polygamy. The legal landscape may evolve as attitudes toward non-traditional relationships continue shifting, but major changes appear unlikely in the near term.

Bottom Line: Know Your Legal Position

Polygamy is illegal throughout the United States, but the reality is far more nuanced than simple prohibition.

If you’re in a plural relationship or considering one, the key is understanding what’s actually criminal (attempting multiple legal marriages) versus what’s legal (cohabitation with multiple partners with only one or no legal marriage).

Criminal prosecution remains rare for consenting adults, but the civil legal complications—custody issues, property rights, inheritance, immigration—create genuine challenges that require careful planning.

If you’re facing legal issues related to polygamy, family structure, or marriage law, consult an experienced family law attorney in your state who can provide guidance specific to your situation.

For more information on family law topics, explore our comprehensive guides on AllAboutLawyer.com, including resources on divorce proceedings, custody matters, and family law payment options.

This article is for informational purposes only and does not constitute legal advice. For specific legal guidance about your situation, consult a licensed attorney in your state.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah