Utah lawmakers move to decriminalize polygamy, crack down on porn

The Utah Senate voted unanimously on Tuesday to downshift polygamy among consenting adults from a third-degree felony to an infraction punishable with a fine of up to $750 and community service, similar to a parking ticket. Stiff penalties would remain for fraudulent bigamy, where a spouse obtains marriage licenses for more than one spouse unaware of the polygamy, and marrying an underage bride without her consent.

The goal, according to lead sponsor state Sen. Deirdre Henderson (R), is to allow women and children in polygamous families to report abuse and other crimes and obtain government services without fear of being arrested. A federal court struck down Utah's strict anti-polygamy law when Sister Wives star Kody Brown sued, but an appellate court overturned the decision and the Supreme Court decided not to hear an appeal. It's not clear the bill will pass in the Utah House.

If easing polygamy laws sounds like conservative Utah embracing behind-closed-doors libertarianism, the state House also voted Tuesday to require printed and online pornography to carry labels warning that the obscene material is harmful to children. "The new measure is narrowly aimed at hardcore obscene material, but the way the law is written could still allow for thousands of lawsuits," The Associated Press reports, citing Mike Stabile of the pornography trade group the Free Speech Coalition. Each violation would incur a fine of up to $2,500.

Both laws are rooted in the Church of Jesus Christ of Latter-day Saints, or the Mormon church, which counts a majority of Utahans as members. Utah declared porn a public health crisis in 2016, and polygamy was brought to Utah by Mormon settlers in 1847. "The church disavowed polygamy in 1890 as a condition of Utah statehood, and today members of the faith found to be practicing plural marriage are excommunicated," Reuters reports. At the same time, some 30,000 "fundamentalist" Mormons practice polygamy on the fringes.