[QUOTE=Arnold Winkelried]
I haven’t followed the legal case that closely, but these people are not “true” polygamists in the meaning of the law, right? A polygamist (in the legal sense) would be someone who has more than one marriage with a marriage certificate at the courthouse. There is nothing stopping me from having as many “religious” marriages as I want and living with several adult women in the same house, even having children with multiple women (as long as all the women consent of course). As far as I know, the only reason that the Fundamental LDS are in trouble with the law is because of the statutory rape charges and also because some of the young women have claimed that they were forced into marriage.
[/QUOTE]
This appears not to be accurate under the law of Texas. We had a long thread here about when a person was married, the upshot of which was that it varies significantly by state law, and that the “marriage certificate at the courthouse” is often not controlling. Texas, in particular, is one of the states which permits common law marriage, which means that a couple becomes legally married when “the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.” That means no formal documentation of marriage is necessary for a legally valid marriage to occur.
Further, Texas Penal Code section 25.01 on Bigamy (.pdf) provides:
Sec. 25.01. BIGAMY. (a) An individual commits an offense if:
(1) he is legally married and he:
(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor’s prior marriage, constitute a marriage; or
(B) lives with a person other than his spouse in this state under the appearance of being married; or
(2) he knows that a married person other than his spouse is married and he:
(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person’s prior marriage, constitute a marriage; or
(B) lives with that person in this state under the appearance of being married.
(b) For purposes of this section, “under the appearance of being married” means holding out that the parties are married with cohabitation and an intent to be married by either party.
(c) It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed at the time of the commission of the offense that the actor and the person whom the actor married or purported to marry or with whom the actor lived under the appearance of being married were legally eligible to be married because the actor’s prior marriage was void or had been dissolved by death, divorce, or annulment. For purposes of this subsection, an actor’s belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court.
(d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage.
(e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is:
(1) 16 years of age or older, the offense is a felony of the second degree; or
(2) younger than 16 years of age, the offense is a felony of the first degree.
The main thing to consider here is that the offense is against someone who is married and “purports to marry” another person or who lives together under the appearance of being married. Thus, under Texas law, if a man with a wife holds a religious marriage ceremony with another woman and lives together with that woman as spouses, thee man and his second wife have committed bigamy. As such, it would not be improper to call a man who has religious ceremonies of marriage with multiple women (without divorce or death of the prior wives) a polygamist.