My fiance and I were speaking last night about what we would do if we ever did decide to have this large family I’ve brought up. I’m a planner so I like to have a general idea of what I’m getting into.
So as we are talking and discussing all the scenarios, possibilities, and bad things that could happen, I had that “OMG, this is so much”, feeling again.
Polygamy is so complex. It’s not even the fact that there are so many relationships that spawn for this. It is the legality of it that make it’s so complex and frustrating.
Please correct me if I’m wrong. I am not in school for law so I may not be looking at the right info.
§ 25.01. BIGAMY.
(a) An individual commits an offense if:
(1) he is legally married and he:
(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor’s prior marriage, constitute a marriage; or
(B) lives with a person other than his spouse in this state under the appearance of being married; or
(2) he knows that a married person other than his spouse is married and he:
(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person’s prior marriage, constitute a marriage; or
(B) lives with that person in this state under the appearance of being married.
(b) For purposes of this section, “under the appearance of being married” means holding out that the parties are married with cohabitation and an intent to be married by either party.
(c) It is a defense to prosecution under Subsection
(a)(1) that the actor reasonably believed at the time of the commission of the offense that the actor and the person whom the actor married or purported to marry or with whom the actor lived under the appearance of being married were legally eligible to be married because the actor’s prior marriage was void or had been dissolved by death, divorce, or annulment. For purposes of this subsection, an actor’s belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court.
(d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage.
(e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is:
(1) 16 years of age or older, the offense is a felony of the second degree; or
(2) younger than 16 years of age, the offense is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, § 4.03, eff. Sept. 1, 2005.
This is what I find whenever I look up polygamy. BIGAMY! One thing I’ve learned is that polygamists are not Bigamist. In general, they do not lie to other women about who they are in reference to being married before pursuing a marriage. He is not legally married to to more than one women. And it all depends on the family on if cohabitation is a issue. To me those seem to be the real things blocking polygamy for people who don’t live in places like compounds and such.
There are misconceptions. Many misconceptions. I know that there are many polygamist that do not agree with the government being involved in their marriages, but I look at it as the government already has records and keeps tabs on marriage.
That’s one of the reason I think it wouldn’t be legalized.
We should be okay with the government knowing how many wives there are, how many kids and which wife is the bio mom, how many homes there are, etc. This is how marriage is regulated right so why hate the fact that this is how it could be regulated if it means that Polygamy will be decriminalized and families lose the risk of being split up. I feel like I miss something.