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Old 08-22-2013, 02:29 PM
alibabe_muse's Avatar
alibabe_muse alibabe_muse is offline
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Join Date: Aug 2013
Location: North Idaho
Posts: 346
Question 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 In 1971 it was repealed but in the next legislature session, put back on the books.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?
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