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-   -   My state's law on polyamory, what's your state's law? (http://www.polyamory.com/forum/showthread.php?t=53070)

alibabe_muse 08-22-2013 02:29 PM

My state's law on polyamory, what's your state's law?
 
If dh and I had known two years ago we were polyamorous, I highly doubt we would have moved to our state (our old one has no laws against polyamory, adultery etc).

This is what I found out about Idaho:

Idaho: Bigamy is punishable by a fine of at least $2000 and/or jail time that may be up to 3 years. Adultery is also against the law, though fornication is not. Idaho used to recognize common law marriages, it now recognizes common law marriages formed before 1996 but will not recognize new ones. As far as I can find it does not have laws against cohabitation.

In Idaho you are okay to be poly as long as you don’t get married. Throw marriage in the mix with poly and you are in violation of the adultery statute (which like many such is almost never used) or the bigamy statute, which has flexible requirements for proving that a second marriage took place: “Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases” – whatever that means.


Now the adultery law is probably a concern for anyone in Idaho wanting to "come out". It maybe an issue if an outside family member (grandparents) decide we are "sinning" (this is a very biblical state) but I wonder about neighbors or other parents of our children's friends. In some of my readings it sounds like there has to be proof of adultery. DH and I are not co-habitating so it won't affect us yet. Makes me think we should move the 5 miles west to Washington (the one state without any laws against polyamory, co-habitation or adultery). Yet the kids love it here. I guess when it comes time to come out or co-habitate, we will have to have a big discussion on this law and how we deal with it if any one calls the police on us (yes, that is the first step of having charges for adultery pressed - I wonder if the local police department would laugh).

The fine associated here with adultery is $1000 and 3 years in prison (yes a felony). I am amazed at how archaic this law is. In 1971 it was repealed but in the next legislature session, put back on the books. There are no civil laws, just criminal for adultery.

What type of laws does your state have? What are your concerns with them?

nycindie 08-22-2013 03:06 PM

That quote you pasted in your message looks like you copied someone's opinion - it obviously is not the language of a statute or anything like that. Where did you get it? You don't want to go by heresay, you need to find the state laws.

Also, there have been other threads on this. Have you done any searches? Check out this thread, there are a few good links in it: Legal links?

alibabe_muse 08-22-2013 03:30 PM

Actual State Law
 
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 66
SEX CRIMES
18-6601. ADULTERY. A married man who has sexual intercourse with a woman not his wife, an unmarried man who has sexual intercourse with a married woman, a married woman who has sexual intercourse with a man not her husband, and an unmarried woman who has sexual intercourse with a married man, shall be guilty of adultery, and shall be punished by a fine of not less than $100, or by imprisonment in the county jail for not less than three months, or by imprisonment in the state penitentiary for a period not exceeding three years, or in the county jail for a period not exceeding one year, or by fine not exceeding $1000.

History:
[18-6601, added 1972, ch. 336, sec. 1, p. 966.]

alibabe_muse 08-22-2013 03:35 PM

thanks
 
Quote:

Originally Posted by nycindie (Post 223607)
Check out this thread, there are a few good links in it: Legal links?

Thanks for the link.

LovingRadiance 08-22-2013 08:18 PM

For the purpose of considering our children-we looked into legalities a few years ago.

There are some laws on the books in Alaska-but they aren't clear.

Honestly-we decided it wasn't worth the hassle to concern ourselves at this point.

alibabe_muse 08-22-2013 08:45 PM

Quote:

Originally Posted by LovingRadiance (Post 223643)
For the purpose of considering our children-we looked into legalities a few years ago.

There are some laws on the books in Alaska-but they aren't clear.

Honestly-we decided it wasn't worth the hassle to concern ourselves at this point.

LR - that is my gut instinct on this. If we were some where else in the state, I just might be a little hesitant but with how much this town has changed in the last 19 years (seriously went from being ultra conservative to being a little hip [sort of] community) I am not going to think too much about it.

You know what's interesting is there's a nudist resort some where south of here. It's like this state is becoming liberal but still has so many conservative old farts running the government that any sort of reform to state laws will not happen until the generations after generation X get into politics or become activists.

Or it will be my oldest's generation that will make the change here. She grew up in a very liberal city, so coming here, one would think, it'd be different. In reality, the high school youth here are much more liberal. There are so many young girls that have come out as lesbian at her school, I was amazed to hear it. When I went to school, only a few of my best friends came out gay and that's only because of our community was accepting. No girls ever said they were bi or lesbian. I think our younger generations are much more accepting of different folks than even Generation X.

Flear 08-22-2013 10:04 PM

with the recent changes in canadian law concerning polygamy/polyandry, ...

all they're concerned with here is bigamy, married to more than 1 person. co-habitating, having additional partners were redefined to being ... whatever definition you want of "not punishable" to "acceptable", ... i dono

i've been wanting to look into the laws up here, in particular BC Canada here, ... i have no idea what the punishments are, which is rather important. as Alibabe points out, ... Adultery, ... i never would have thought that would have been punishable, ... more things for me to look up

NowIKnow 08-23-2013 02:31 AM

"I am free no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.

---Robert A. Heinlein

JaneQSmythe 08-23-2013 12:00 PM

Quote:

Originally Posted by NowIKnow (Post 223718)
"I am free no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.

---Robert A. Heinlein

PROFESSOR (de la Paz)!

Ah, a fellow "rational anarchist" - I love that part of "The Moon is a Harsh Mistress" - thanks for reminding me.

JaneQ

Nudge 08-23-2013 12:58 PM

Frankly, the laws here I worry about in my state have more to do with employment, and less with living situations (although adultery is a crime here, it is seldom enforced).

I live in a 'at will' employment state. This means that if an employer catches wind of my polyamory and decides they don't approve, I can be summarily fired at any time.This is no joke, and I nearly lost my job this year over it. I view this as a much greater threat than jail time or fines.


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