home > religious liberty National ACLU Policy on Plural Marriage NOTE: The following extracts represent the progression of what has now become the current national ACLU policy on plural marriage. Policy #91, National ACLU Board Minutes, June 11-12, 1978: Advocacy of plural marriage and the expression of a religious belief in plural marriage are protected by the free speech guarantee of the First Amendment even though polygamy has been declared to be criminal by states. As with the advocacy of political doctrines, a line must be drawn between expression of belief and the actual practice of an act which has been proscribed by the community through its legislative representatives (the test of a “clear and present danger”). ACLU of Utah Policy on Plural Marriage, Adopted June 6, 1989: The American Civil Liberties Union (ACLU) of Utah believes that the right to advocate and practice plural marriage is constitutionally protected. The ACLU of Utah has traditionally advocated that personal relationships between consenting adults are protected by the Constitution, and that freedom of religion and freedom of expression are fundamental rights. Criminal and civil laws prohibiting the advocacy or practice of plural marriage are constitutionally defective. Policy #91, National ACLU Policy on Polygamy, April, 1991: (Current Policy) The ACLU believes that criminal and civil laws prohibiting or penalizing the practice of plural marriage violate constitutional protections of freedom of expression and association, freedom of religion, and privacy for personal relationships among consenting adults.

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