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Authors

Ellie Martinez

First Page

409

Last Page

430

Document Type

Comment

Abstract

In 2020, Utah passed a bill decriminalizing polygamy. However, this legislation only addresses the peripheral interests of polygamous families as many are still disadvantaged. This comment argues the application of dispute resolution techniques would have resulted in a better solution than the current legislation by increasing value-creation for everyone involved. Part II sets the foundation by delving into the treacherous history of polygamy at both the state level in Utah and the Federal level in the United States. Part III details the passing of the Bigamy Amendments. Part IV identifies relevant parties—many of whom were left out of consideration when Utah passed the bill—and their unique interests in the dispute resolution process. Part V looks at dispute resolution techniques within the legislative process and explores how legislators can apply them to polygamy legislation. Finally, Part VI assesses the process of public dispute resolution and how it may be useful in addressing the many unresolved interests of polygamists and monogamists alike.

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