Can U.S. law handle polygamy?

HBO’s Big Love and TLC’s reality-TV offering Sister Wives have thrust polygamy into popular culture in the United States. Estimates are that somewhere between 50,000-100,000 families in this country are currently risking criminal prosecution by practicing plural marriage. Proponents and detractors of polygamy use same-sex marriage to support their arguments, but that’s just a distraction, says Adrienne Davis, JD, an expert on gender relations and the William M. Van Cleve Professor of law at Washington University in St. Louis. “While the gay analogy may make for splashy punditry and good television, it distracts us from the main legal issue — polygamy challenges the regulations inherent in the conventional two-person marriage,” Davis says. “Putting aside whether you think polygamy is ‘right’ or ‘wrong,’ it is important to look at whether U.S. law is up to regulating marital multiplicity.” She proposes some default rules that might accommodate polygamy, while ensuring against some of its historic and ongoing abuses.