Rep. Michael Noel (R)

HB 99 (Bigamy Offense Amendments)

Libertas Institute opposes this bill.

Currently a polygamist can be charged for bigamy if they purport to be married (a clear free speech issue) or cohabit with another person who is not their spouse. This bill basically changes the "or" to an "and," requiring prosecutors to prove both circumstances in order to obtain a conviction.

Libertas Institute opposes this bill. While this bill would otherwise be a good thing—heightening the difficulty of being prosecuted for bigamy—it is not being advanced in a vacuum. The Attorney General's office is trying to moot a lawsuit against the state that has been appealed to the U.S. Supreme Court. For that reason, their efforts should be opposed.