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Many US courts (e.g. Turner v. S., 212 Miss. 590, 55 So.2d 228) treat bigamy as a strict liability crime: in some jurisdictions, a person can be convicted of a felony even if he reasonably believed he had only one legal spouse. For example, if a person has the mistaken belief that their previous spouse is dead or that their divorce is final ...
Texas has given polygamists grounds to raise claims of unconstitutional policies regarding polygamy and bigamy. Lawrence v. Texas was not specifically fighting for marriage rights but as a result of the case the unconstitutionality of laws restricting sexual relationships were brought into question. [48] In response to the Lawrence v.
Many US courts (e.g. Turner v. S., 212 Miss. 590, 55 So.2d 228) treat bigamy as a strict liability crime: in some jurisdictions, a person can be convicted of a felony even if he reasonably believed he had only one legal spouse. For example, if a person has the mistaken belief that their previous spouse is dead or that their divorce is final ...
South Africa: Legal for men under the Recognition of Customary Marriages Act, 1998 for customary marriages. Under civil law marriages (regulated by the Marriage Act), any marriage in addition to an already existing one is invalid (but not criminalised). Sudan: Bigamy or polygamy is legal for men. Taiwan: Illegal. Up to five years' imprisonment.
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.
Chatwin v. United States, 326 U.S. 455 (1946) — underaged polygamous marriage with consent not prosecutable under the Federal Kidnapping Act; Cleveland v. United States, 329 U.S. 14 (1946) — polygamous marriage an "immoral purpose" under the Mann Act; Musser v. Utah, 333 U.S. 95 (1948) — polygamy not religious free speech
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
The National Association of Women Lawyers was instrumental in convincing the American Bar Association to create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. Uniform Marriage and Divorce Act). In 1969, California became the first U.S. state to pass a no-fault divorce law. [15]