Yes, it is very possable.
From Texas Family Code:
2.003. APPLICATION FOR LICENSE BY MINOR. In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county clerk: (1) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage; (2) documents establishing that a prior marriage of the person has been dissolved; or (3) a court order granted under Section 2.103 authorizing the marriage of the person.
Added by Acts 1997, 75th Leg., ch. 7, � 1, eff. April 17, 1997.
2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT. (a) If an applicant is 14 years of age or older but under 18 years of age, the county clerk shall issue the license if parental consent is given as provided by this section. (b) Parental consent must be evidenced by a written declaration on a form supplied by the county clerk in which the person consents to the marriage and swears that the person is a parent (if there is no judicially designated managing conservator or guardian of the applicant's person) or a judicially designated managing conservator or guardian (whether an individual, authorized agency, or court) of the applicant's person. (c) Except as otherwise provided by this section, consent must be acknowledged before a county clerk. (d) If the person giving parental consent resides in another state, the consent may be acknowledged before an officer authorized to issue marriage licenses in that state. (e) If the person giving parental consent is unable because of illness or incapacity to comply with the provisions of Subsection (c) or (d), the consent may be acknowledged before any officer authorized to take acknowledgments. A consent under this subsection must be accompanied by a physician's affidavit stating that the person giving parental consent is unable to comply because of illness or incapacity. (f) Parental consent must be given at the time the application for the marriage license is made or not earlier than the 30th day preceding the date the application is made.
So, if their paperwork is in order the LEO's have a little explaining to do.
Regardless of the legal age of marriage in TX, the child is most likely NOT the “first” wife who would be the only legal wife, and therefore any “marriage” is bigamy. Any sexual congress therefore would be statutory rape.
I sincerely doubt that there was a legal marriage transacted. Most of the FLDS marry in the temple but do not marry under the law. This servers two purposes. One, their "spouses" and their children are eligible for food stamps and other federals programs. Two, a man can "marry" as many times as he wishes to girls of any age and not be considered as a bigamist.
TLI - where did you get that “14 years” version? The version online at http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.001.00.000002.00.htm#2.102.00 shows 16 years as the minimum age.
The girl allegedly gave birth to a child at age 15, that is the crux of their argument. She would have to at the latest been 15 when she became pregnant, making it rape no matter what because she is younger than the law of consent.
If a girl gets married at 14 does it allow for an older man to have sex at that age also? I am just curious, the two don’t have to go hand in hand when the law is concerned.
I doubt very seriously if any of these deviant perverted cultists applied for any marriage licenses for any of these polygamist marriages.
You have to realize that in a polygamist marriage they DO NOT go to the county clerk to make out application. These people do not recognize civil marriage, they think theirs in a heavenly marriage.
I believe you are mistaken. LEOs never have to explain their actions anymore.
I would presume he was already currently married, making the marriage loop hole not valid.