Kody Brown, an overt polygamist and star of the reality TV show “Sister Wives,” is being investigated by the State of Utah for violating the state’s – you guessed it! – polygamy laws. Brown currently has four wives (though only civilly married to one wife) and 16 children and step-children. One might wonder why the Brown family would choose to put their lives on television knowing that it could open them up to criminal prosecution. However, Brown has responded by filing a lawsuit to challenge the constitutionality of laws prohibiting polygamy.
The lawsuit employs an interesting tactic by not actually seeking to force states to recognize multiple marriages. Instead, it builds on the premise that the state cannot make unconstitutional intrusions on a person’s “intimate conduct”. Precedent for this premise was established in the U.S. Supreme Court case of Lawrence v. Texas, which struck down state sodomy laws. The lawsuit seeks to extend the Lawrence ruling, to treat polygamous relationships as “intimate conduct” between consenting adults.
Here in Texas, polygamy is strictly against the law in two different ways. First, a marriage entered into during the existence of a prior marriage is void. If a marriage is “void” that means it is as if the marriage never happened. See Texas Family Code §6.202 Secondly, polygamy is a crime under the Texas Penal Code. An individual commits a criminal offense if he/she is legally married and purports to marry or does marry another person or lives with a person other than his/her spouse in this state under the appearance of being married. See Texas Penal code §25.01.
Are you absolutely sure you are divorced from a previous spouse? Are you concerned that you may be “common law” married to your current significant other, but you never bothered to divorce your ex? The Wright Firm is here to help you! Give us a call at (972) 353-4600 and speak to one of our Dallas Family Law Attorneys or check us out on the web at www.thewrightlawyers.com.
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