( CNN ) -- Polygamy is back in the headlines . Last week , a federal judge in Utah struck down part of the state 's anti-polygamy law as unconstitutional , although he kept the ban on possessing more than one marriage license at a time . Fans of the `` Sister Wives '' reality TV stars , who filed the suit , are rejoicing in the news . At the other end of the spectrum , TLC debuted its newest docuseries , `` Breaking the Faith , '' which tells the dark story of women and children trying to escape from the practice . Another lawsuit filed by the Department of Justice alleges that polygamous clans are secretly running the show in Utah and Arizona townships , manipulating the political process from behind the scenes . And in Texas , the Attorney General 's Office is inching closer to seizing a massive polygamous ranch . Across the country , angry citizens are calling for the government to follow its own laws and crack down on polygamy . Meanwhile , celebrities like Akon and various news outlets encourage people of all ages to reconsider plural marriage . What competing narratives about polygamy in America reveal is that whether or not a white-washed , clean-cut version of plural marriage could in theory legally exist , in practice it does not , and what states like Utah , Arizona and Texas actually have is an unregulated , dangerous and harmful situation , where the strong prey upon the weak and helpless . The time has come to address this discrepancy . When the Supreme Court struck down the federal Defense of Marriage Act in U.S. v. Windsor in June , opening the door to federal recognition of same-sex marriage , it also set the stage for a discussion of plural marriage . DOMA defined marriage as `` a legal union between one man and one woman as husband and wife . '' While DOMA obviously prohibited same-sex marriage ( by requiring that a marital unit consist of a man and a woman ) , it also enshrined the prohibition against polygamy , by requiring that such a union be between only one man and one woman . Even before Windsor the Supreme Court had declared morals-based legislation invalid , renewing interest in polygamy . But in calling DOMA definitions unconstitutionally restrictive , the court , perhaps unwittingly , also struck down the federal numerical limitation in a marriage , immediately re-opening the possibility of plural marriage at the state level . Activists have taken note , and are only getting louder . But despite the strength of any legal arguments , and the voices of a few , plural marriage is still a crime , and public opinion remains strongly in favor of the ban . Studies show that it tends to create abusive relationships antithetical to family values . Co-wives who lose favor are pushed aside for new and often younger rivals ; left to fend for themselves and their children with dwindling resources and support , they are exploited by emotionally detached husbands . Advocates say the harms are not intrinsic to the practice ; they do not support underage or coercive relationships . They challenge us to crack down on abuses in general , irrespective of marital model . Polygamy might not be inherently evil , which is why we need purposeful debates . But unlike traditional marriage , it has never been effectively regulated and so people , especially women and children , have suffered . The real beauty of last summer 's ruling is that it not only opened the door for polygamy , it also established a framework . Same-sex relationships that were only decriminalized in earlier cases were finally given legal recognition in Windsor . If there is to be a change in status quo -- if we as a nation decide that polygamy can not or should not be illegal -- then going straight from criminalization to full recognition is both the correct legal answer and necessary to assuage public fears . Decriminalizing polygamy would only make abuses even harder to catch . But following Windsor 's lead and allowing these relationships to be recognized could instead bring them into the light . Recognition would enable law enforcement to crack down on abuse ; allow an independent civil authority -- a town clerk or justice of the peace -- to express concerns about and even refuse to approve an inappropriate marriage . It would help prosecutors overcome the evidentiary hurdles inherent in prosecuting related crimes . Unlike decriminalization , legalizing and regulating polygamy cuts to the heart of policy concerns . Morals-based legislation has been unconstitutional since 2003 's Lawrence v. Texas , and so we can not just continue ignoring the polygamists ' clamor for acceptance . But the practical policy solution -- awarding those formerly banned relationships rights , and with those rights accompanying duties and responsibilities , which will be monitored -- was only handed down last summer . A clean-cut version of American polygamy does not currently exist , but under Windsor , perhaps , we could actually build it . The opinions expressed in this commentary are solely those of Mark Goldfeder .
A judge in Utah struck down part of the state 's anti - polygamy laws as unconstitutional . Mark Goldfeder : In Utah , polygamy exists even if legally it is not recognized . He says Utah needs to address polygamy , possibly finding a way to make it legal . Goldfeder : Recognition would enable law enforcement to crack down on abuse .