Junior Rasmussen
Polyamory, or having multiple romantic and/or sexual relationships with the full knowledge and consent of everyone involved, is gaining visibility and acceptability. However, polyamorous marriages are not recognised in the United States. While open marriages are legal in the US, bigamy, or marrying multiple people at once, is illegal across the country. Symbolic commitment ceremonies can be held to celebrate polyamorous relationships, but these are not legally binding. A few cities in Massachusetts allow polyamorous relationships to be registered as domestic partnerships, but these are not equivalent to marriage.
| Characteristics | Values |
|---|---|
| Legality of polyamorous marriages in the USA | Not legal |
| Legality of open marriages in the USA | Legal |
| Legality of polyamorous domestic partnerships in the USA | Legal in a few cities in Massachusetts |
| Legality of polyamorous commitment ceremonies in the USA | Legal |
| Legality of bigamy in the USA | Illegal |
| Legality of common-law polyamorous marriages in the USA | Not legally binding |
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What You'll Learn
Polyamorous marriages are not legally recognised in the USA
Bigamy, or being married to multiple people at one time, is illegal in all states and can be considered a felony or a misdemeanour, sometimes resulting in jail time. However, open marriages are legal in the US. An open marriage is a consensual decision between two married people to be non-monogamous, which is distinct from bigamy, where one person is married to multiple partners.
Although polyamorous marriages are not legally recognised, there are a handful of cities in the US that allow for domestic partnership recognition of a polyamorous relationship. For example, in 2020, Somerville, Massachusetts, adopted an ordinance allowing for more than two domestic partnerships, and other cities in Massachusetts, such as Cambridge and Arlington, have followed suit. However, these domestic partnerships are not recognised at the state level and do not carry the same benefits as a legal marriage.
As polyamorous marriages are not legally recognised, many polyamorous couples choose to have a symbolic commitment ceremony to formalise their relationship. These ceremonies are not legally binding and do not require any legal paperwork or an officiant to perform them.
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Symbolic commitment ceremonies are an option for polyamorous couples
Polyamorous marriages are not legally recognised in the United States. Bigamy, or the act of being married to multiple people at the same time, is illegal across the country. However, polyamorous couples can still celebrate their union and commitment to each other through symbolic commitment ceremonies. These ceremonies are not legally binding and do not require any legal paperwork or an officiant to perform.
Commitment ceremonies can be customised to include traditional or cultural elements, or unique ideas that are meaningful to the couple. For example, a handfasting ceremony, also known as tying the knot, is a Celtic tradition where two people tie their hands together with a ribbon or cord to symbolise their union. Another idea is a tree-planting ceremony, where each partner takes turns adding soil to a container while planting a tree, symbolising the way their love and commitment will grow over time. Couples may also choose to exchange rings or other tokens of their commitment.
During the ceremony, it is important to avoid any wording that suggests that multiple people are getting married or that the marriage is between multiple partners. Instead, the focus should be on the love and commitment between the individuals involved. While these ceremonies are not legally binding, they are a valid way for polyamorous couples to acknowledge the depth of their relationship and celebrate their commitment to each other.
In the United States, Somerville, Massachusetts, is the only city that recognises legal polyamorous domestic partnerships. However, this recognition is limited to Somerville, and such partnerships may violate bigamy laws in other states. Therefore, symbolic commitment ceremonies are a common option for polyamorous couples who wish to formalise their relationship and take the next step in a way that expresses who they are.
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Domestic partnerships are an alternative form of recognition
In the United States, polyamorous marriages are not legally recognised. While some jurisdictions have instituted domestic partnerships as a way to recognise same-sex marriage, polyamorous marriages are not recognised anywhere in the country.
Some jurisdictions provide for recognition of opposite-sex domestic partnerships, while others recognise only same-sex couples. Domestic partnerships may be established by contract between the parties or by registration according to procedures established by a state or municipal government. Benefits granted under a domestic partnership vary among different jurisdictions. Some accord full health benefits, while others only provide a right of visitation. In some jurisdictions, registered domestic partners are accorded a legal status similar to that of a married person with respect to matters of probate, guardianships, inheritance, and protection from abuse.
Domestic partnerships can be an attractive option for couples who wish to avoid the potential tax consequences of marriage. Registered domestic partners are not considered married for federal tax purposes and may not file a federal return using a married filing status. However, a registered domestic partner may itemize or claim the standard deduction, even if their partner claims the standard deduction. Additionally, each registered domestic partner may qualify to claim a child tax credit for each qualifying child.
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Bigamy laws vary across states
While polyamorous marriages are not legal in the United States, people in polyamorous relationships often choose to celebrate their commitment with a non-legal symbolic commitment ceremony. These ceremonies are not legally binding and do not require any legal paperwork or an officiant to perform them.
Bigamy, or being married to multiple people at once, is illegal across the United States and is considered a felony or a serious misdemeanour in many states. The penalties for bigamy vary across states. For example, in Arizona, bigamy can lead to imprisonment for 6 to 18 months and fines of up to $150,000, while in Colorado, it is a Class 2 misdemeanour punishable by up to 120 days in jail and fines up to $750. In Utah, polygamy is treated as an infraction, punishable by a fine of up to $750, compensatory service, forfeiture, disqualification, or a combination of these punishments. Despite this, Utah has been reluctant to pursue prosecutions for polygamy, citing a lack of resources and the understanding that any prosecution would trigger an appeal to higher courts.
In Massachusetts, multi-person domestic partnerships are recognized in Somerville, Cambridge, and Arlington, but these partnerships are only valid within those cities and may violate bigamy laws in other states. While bigamy remains illegal across the United States, the varying penalties underscore the importance of upholding the institution of marriage and the legal consequences of violating its sanctity.
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Polyamorous relationships face societal discrimination
Polyamorous relationships are not legally recognised as marriages in the USA. While open marriages are legal in the US, bigamy (being married to multiple people at the same time) is illegal across the country.
Despite the illegality of polyamorous marriages, many people in the US are in polyamorous relationships. However, people in polyamorous relationships often face societal discrimination. People across the political spectrum tend to dismiss the idea that polyamorous people are marginalised or discriminated against. Leftists who oppose "social justice" culture often mock polyamorous people, seeing them as an example of the excesses of this culture. Meanwhile, conservatives do not approve of polyamory, and the larger culture remains committed to monogamy as the standard, normal, and only acceptable way to organise romantic relationships.
This lack of acceptance of polyamory in society can lead to discrimination against polyamorous people in various areas of life. For example, people in polyamorous relationships sometimes face punishment at work when they are open about their relationships. There is also the issue of housing discrimination, as well as difficulty accessing supportive mental healthcare. Furthermore, polyamorous people may face marital/adoption/custody/parental issues, as well as family rejection.
In recent years, there have been some moves towards greater acceptance of polyamory. For instance, in 2020, the city of Somerville, Massachusetts, passed an ordinance prohibiting discrimination against polyamorous people in employment and policing. Additionally, states such as California, Washington, Louisiana, and Rhode Island have recognised families with multiple parents, and the Uniform Parentage Act allows for the legal recognition of more than two parents.
Despite these positive developments, polyamorous people still face significant societal discrimination, and their relationships are not legally recognised as marriages in the USA.
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Frequently asked questions
No, polyamorous weddings are not legal in the USA. However, there are a few cities in Massachusetts, including Somerville, Cambridge, and Arlington, that allow polyamorous relationships to be registered as domestic partnerships.
Polyamorous couples can have a commitment ceremony to celebrate their relationship. These ceremonies are not legally binding and do not require any legal paperwork or an officiant to perform them.
An open marriage is a consensual decision between two married people to be non-monogamous, while bigamy, which is illegal in the USA, is the act of being married to multiple people at once.
Marriages from overseas are largely recognised in the USA. However, bigamy is illegal in all of North America, and if it comes to the attention of the authorities, they will prosecute.
