Why is polygamy illegal?

[Anonymous]

I'm watching Big Love and I keep wondering how polygamy is illegal. How is it prosecuted? Many men have mistresses (that their wives know about), how is that not polygamy? Only the first wife is officially married and the others are more like mistresses.

I understand it can be prosecuted if there are underage women or coercion involved.

[Anonymous]

For two reasons: protection of women who are coerced and probably underage; and because our system of property rights, marriage, inheritance, government assistance, benefits for children, etc., is designed for two people in a marriage.

[Anonymous]

1. Because polygamy is often - though not always - connected to coercion/abuse of the women and marriage of underage women.

2. To protect the children that would be raised in polygamous households.

3. Common property right and the benefits related to marriage would be murky with multiple spouses all having equal claims. Wife #1 has the same rights as Wives #2 and #3 in the eyes of the law.

[Anonymous]

So are those second wives filing taxes and getting welfare as single moms without a paycheck? I doubt society wants to give a woman money because of her choice to be a second wife.

[Anonymous]

OP here, but how is it prosecuted? Only one woman is legally married.

[Anonymous]

Anonymous wrote:So are those second wives filing taxes and getting welfare as single moms without a paycheck? I doubt society wants to give a woman money because of her choice to be a second wife.

Well, yes, it's welfare fraud. That's by design, in many instances.

[Anonymous]

Anonymous wrote:1. Because polygamy is often - though not always - connected to coercion/abuse of the women and marriage of underage women.

2. To protect the children that would be raised in polygamous households.

3. Common property right and the benefits related to marriage would be murky with multiple spouses all having equal claims. Wife #1 has the same rights as Wives #2 and #3 in the eyes of the law.

Plus there is almost no way to ensure a balance of power since most commonly it is one man and several women; by default he has the relationship with each of them, they wouldn't have legal relationships among themselves as wives without him. All power over the relationships rest solely with the person at the center. The issues with property rights, inheritance, decisions on medical care, etc. would be extremely difficult to enforce.

[Anonymous]

It won't be for long. there is no legal basis for saying the old right to "one man one woman" marriage also includes "two men" but not "one man, two women," etc. Anti polygamy laws will be struck down on constitutional grounds soon enough.

[Anonymous]

Anonymous wrote:It won't be for long. there is no legal basis for saying the old right to "one man one woman" marriage also includes "two men" but not "one man, two women," etc. Anti polygamy laws will be struck down on constitutional grounds soon enough.

Please address property rights, inheritance, benefits to spouse and children, etc. How would these be legally revised?

[Anonymous]

Anonymous wrote:

Anonymous wrote:It won't be for long. there is no legal basis for saying the old right to "one man one woman" marriage also includes "two men" but not "one man, two women," etc. Anti polygamy laws will be struck down on constitutional grounds soon enough.

Please address property rights, inheritance, benefits to spouse and children, etc. How would these be legally revised?

NP, but they could be addressed by trusts. Health benefits couldn't come from employer but could come from the online obamacare site.

[Anonymous]

Seems to me that if they made polygamy legal, then perhaps there would be a way to empower the women who will be in these relationships anyhow. If you are entitled to 1/4 of the household property, you're in a much better situation than when you're entitled to 0% of it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It won't be for long. there is no legal basis for saying the old right to "one man one woman" marriage also includes "two men" but not "one man, two women," etc. Anti polygamy laws will be struck down on constitutional grounds soon enough.

Please address property rights, inheritance, benefits to spouse and children, etc. How would these be legally revised?

The states and industry would have to sort it out. When the Supreme Court identifies a "fundamental right," government doesn't get to infringe on it just because not doing so would create problems. Of course the Supreme Court's substantive due process and "fundamental right" president is a bunch of crap, but it is what it is. It would be very difficult for the Court not to extend the precedent of the gay marriage decision to polygamy.

[Anonymous]

Absurd.

[Anonymous]

What's interesting is that the folks who think one man with three wives would be great would totally freak out if instead it were one man with three husbands.

[Anonymous]

I don't get polygamy. One wife is enough of a pain in the ass.