Two years ago, Warren Jeffs gained nationwide infamy as he joined the likes of Al-Qaeda leader Osama Bin Laden and mob enforcer James Bulger on the FBI Top Ten Most Wanted List. Officially wanted on charges of unlawful flight to avoid prosecution, sexual conduct with a minor, conspiracy to commit sexual conduct with a minor, and rape as an accomplice, Jeffs’s crimes are deeper and more convoluted than anyone knows.
Jeffs remained on the run until August of 2006 when he was captured in Nevada. He was later convicted of two counts of rape as an accomplice and sentenced to ten years to life in prison. Since taking over the religious group calling themselves the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) and taking control of the twin communities of Colorado City, Arizona and Hilldale, Utah, he has abused his power to subjugate his followers and take their property, including wives. Jeffs's followers are now making headlines as Texas authorities have taken custody of over 400 women and children and are investigating allegations of abuse within the sect.
Such offshoots have been in practice since the late 1800s when polygamy was outlawed and the Church of Jesus Christ of Latter Day Saints officially repealed its practice among Church members. These offshoots call themselves “Fundamentalist Mormons” and continue to try to live quiet lives, practicing what they call, “The Principle,” or “Celestial Marriage.” They believe the practice of polygamy is essential for them to ascend to the highest level of salvation and that the practice is required of them by God. They, and many others, believe that polygamy should be legalized, or at least decriminalized in the United States.
The decriminalization of polygamy would mean that polygamists would not be able to be punished for their practice, though, like many sodomy and adultery laws, the laws proscribing polygamy remain on the law books. Like in the case of Lawrence v. Texas, the United States Supreme Court ruled that states had no right to pass or enforce anti-sodomy or homosexual misconduct laws. Some believe that with the recent well-known cases of abuse, however, decriminalization might not be enough.
Legalizing polygamy would mean that the lifestyle could be under further scrutiny, which would require that the marriages were legal, with marriage licenses and with all parties being of legal consenting age. The current practice to subvert the bigamy laws is to take the first wife legally and all subsequent wives “spiritually,” where they are sealed together in a private ceremony overseen by the sect’s prophet.
