Posted by:
caffiend
(
)
Date: March 24, 2019 10:35PM
Obviously, it is not. But what is the degree to which it is tolerated? This is more complicated than it appears--and I'm a never-Mo Bostonian!
A practice can be prohibited according to the law ("de jure"), but allowed to be practice without consequences ("de facto"). I think this is where polygamy, like marijuana in many not-yet-legalized states, stands. If a person(s) is reasonably discrete, law enforcement may take a "no harm, no foul" stance. It's when a person is flagrant, or other problems arise, that the long arm of the law decides to reach out.
In the case of marijuana, lots of people deal in small amounts and partake without being hassled. Suppose, however, that cops are called to a loud, disruptive party, and see a bong with grass or hash? Perhaps dispersing the party and having the owners smash the bong will suffice. Throw in underage drinkers, an uncooperative owner, and the cops might add "possession of a controlled substance" to the hit list.
Utah authorities probably know of numerous polygamous situations. As long as there are no complaints, no indications of child abuse, no provable welfare fraud, etc. they may well "live and let live." Another factor is once the state intervenes (like the Short Creek and Texas raids) the situation can escalate wildly, and the enforcing agencies (police, family services, etc.) can get into a very sticky situation, with legal complications, custody disputes, charges/counter-charges, retaliatory law suits, public relations gone haywire, and --especially--prosecution challenges.
Prosecution is understandably rare. When John Daniel Kingston forced his 15-year-old daughter Mary Ann to marry her uncle, David Ortell Kingston, the charges were assault & batter on a minor, kidnapping, and incest--not polygamy.
So, is polygamy legal? No. Can you get away with it? Exercising common sense, yes.
(I consider it legally and morally wrong, and wish there was effective enforcement. As things stand now, that is very unlikely.)