Lu Ann Kingston received her first proposition for marriage at the age of 15.

"I told them I was too young," Kingston said. "They told me that if I wasn't ready to get married it was because I wasn't a good person."

Despite her objections, Kingston's mother, religious leaders and future husband all pressured her to say yes. After two months of intense pressure, Lu Ann agreed, and three days later became the fourth wife of her new husband.

Kingston and girls like her are the target of new legislation that would increase the penalty for child bigamy.

Utah Attorney General Mark Shurtleff, whose office is responsible for prosecuting these cases, was concerned for the safety of young girls and approached Rep. Susan Lawrence, R-Salt Lake, to sponsor legislation.

House Bill 307 would make it a second-degree felony for a married adult to take an additional spouse under the age of 18. It would also make it illegal for a parent or religious leader to pressure or force an underage girl into marriage.

"Many have turned an eye to it for too long," Lawrence said. " These girls need our help. We want to buy them time to reach adulthood before they have to make this choice."

Lawrence said that the bill has a two-fold mission.

The first purpose is to cause those participating in child bigamy to consider the risk they are taking.

Lawrence said she hopes this will be a preventative force to detour those involved in the practice.

Secondly, it is a message that the state takes crimes against children seriously

Under current law, the practice is illegal and offenders can be punished with up to five years in prison. The new law makes it possible for offenders to be put in jail for one to 15 years.

Shurtleff said the current penalties are not tough enough and that more strict jail time could make a difference.

Kingston, who left her polygamist marriage after five years and two children, spoke in favor of the bill.

"I feel like I didn't have a choice," Kingston told committee members. "It wasn't the life that I wanted, but at the age of 15 I didn't have a choice."

Vicky Prunty, director of Tapestry Against Polygamy, said leaders and parents who hand children over for underage marriage should be punished for destroying children's lives.

"Because of its coercive nature, it should be a second degree felony," Shurtleff said. "Many polygamists think there is a gray area and one to 15 year may detour them."

Shurtleff was careful to remind the committee that the bill is not an attack on polygamy.

"Regardless of where they live or what they believe, this law will make it clear that we will prosecute anyone who commits a crime," Shurtleff said.

Shurtleff has met a number of polygamists who do not believe in child bigamy and who support H.B. 307.

Polygamist Linda Kelsch said she is against child bigamy, but is opposed to the bill.

" I don't agree with child marriages and most polygamists do not support this," Kelsch said. "But I don't want to see this principle exploited, the children are exploited. There is another side of the story."

Kelsch said the problem is isolated and that passing H.B. 307 would be an assault on loving and stable families, and on her religious beliefs.

"It feels like an attack on our religion," said Kelsch, who was raised a polygamist and married at the age of 18. "It isn't the religion, it is the men doing this."

Rep. Scott Daniels, D-Salt Lake, who cast the only negative vote on the bill, agreed that underage marriage is serious, but said the current penalties are sufficient.

"We already have the right tools, we just need to use them," Daniels said. "Cranking up the penalty isn't the answer."

Lawrence disagreed, saying the threat of zero to five years is not detouring those involved in child bigamy.

"The punishment needs to fit the crime," Lawrence said. "These crimes are being perpetrated by those (the girls) trust. They have no place to turn."

The bill was presented last week to the House Judiciary Committee, where it passed with a 9-1 vote. It is now waiting in full House for consideration.

Supporters of the bill were pleased with the committee's decision and are optimistic that it will pass through the house.

Shurtleff said he doesn't know how the polygamists will react if the bill is made law, but he hopes they will take it seriously.

"I don't think they think we are serious now," Shurtleff said. "But we have really upped the ante."

As for Kingston, she said she thinks the legislation would send a clear message to the men that they could go to jail. She also thinks it will help the girls involved understand that what is happening to them is wrong.

"They think they are above the law, but they are still careful," Kingston said. "They would feel the pressure and this would buy the girls some time."

Three years after leaving her family and polygamist marriage, Kingston has remarried and is getting a college education. She is also working with Shurtleff to press charges against her ex-husband.



Copyright Brigham Young University 25 Feb 2003