So... That happened.

So... That happened.

Originally shared by David Badash
http://thenewcivilrightsmovement.com/breaking-federal-judge-strikes-down-utahs-anti-polygamy-law/legal-issues/2013/12/13/80258

Comments

trench coat said…
Move to Utah, gain a harem? Ooh, where do I sign?
Jeremy Swigart said…
I'm not a fan of polygamy because in practice it manifests most often as young women being married off to older men through the pressures of religious practice. Seems like rarely is its execution in the form of freely consenting adults. That not only makes it a wholly different beast than lgbt, but it's a serious enough issue I think a case can be made for its continued illegality.
trench coat said…
"... in practice it manifests most often as young women being married off to older men..."

Again, I ask, where do I sign??!

#dearsantaiwouldlikeautah
Jeremy Swigart said…
When push comes to shove the logic in me leans a bit toward making it legal, even if there is the uneasiness that it will almost certainly be used in the oppressive ways such as the Mormons are still practicing secretly. What percentage of polygamists that would ultimately be versus non coerced consenting people. I'm not sure if we have an example in history where polygamy wasn't tainted by oppression and sexist in its implementation. I feel like that is likely why it has a bad stigma. Still though it is at least conceivable that there can be consenting adults where those negative factors aren't in play. Then it becomes a matter of looking at the greater good I suppose. I'm puzzled by the privacy defense frankly. That implies a secrecy to the practice which is rarely beneficial. Maybe the legality of it would be better, because then people would not be afraid to come forward in situations of abuse and such since the law wouldn't be against them from the start.
David Greenwood said…
The part of the law that got shot down was the section restricting cohabitation between consenting adults. It's still illegal to have two marriages on file with the government. I have no problem with this ruling whatsoever.

Whether or not you're personally a fan of polygamy, the living and sexual arrangements of consenting adults is not your business. If you've got a problem with child brides, then discuss the age of consent in your state. If you've got a problem with manipulative relationships, I'm afraid there's no sensible way to make that illegal without infringing on the rights of innocent people. Rape is still a crime, even between legally married or cohabiting people, so there's always that.
trench coat said…
... A freaking squad of college cheerleaders, people!

I really don't think you're getting the bigger picture here.
trench coat said…
(BTW, no offense, but I haven't read any comments other than my own. I knew this needed a laugh track the moment I read the headline. I mean, c'mon... it's Utah.)
Jason ON said…
I was tired and didn't feel like typing out a long response on mobile, Gord Birch, but I do love the intelligent conversation occurring here. ;)
David Greenwood said…
J Schwartz and Gord Birch 

In some ways you're both right. Both anti-polygamy laws and anti-homosexuality laws are attempting to legislate the private doings between consenting adults. Arguing that the fighting for gay rights is completely different from the fight for polygamist rights seems to me an attempt to distance the gay community from polygamists... an impulse I can understand.

Still, logically both conflicts are dealing with the same two issues: First, to what degree can the government prosecute people simply for their private consensual sexual behavior. Second, to what degree should the government legally recognize and give special status to a certain type of relationship.

This verdict was equivalent to the overturning of anti-sodomy laws: it's not the gov'ts business who you want to have sex with or cohabitate with as long as it's consensual (age of consent issues notwithstanding). If polygamists want to fight for legal recognition of their relationships and benefits, that's a different story.

I think what Gord is arguing is that people are born gay or straight or bi or what have you. They are not born polygamists. I don't think I agree with you. Some people are born inherently wanting to be in relationships with many people at once... in fact I'd argue an awfully large number of people have at least considered this idea in their teenage or young adult years. Most people think better of it, but many more get legally sanctioned marriages, then proceed to cheat on their spouse.

So long story short, the two debates are similar, but that doesn't imply a slippery slope between them. It's a short step from allowing straight relationships to allowing gay ones. Genitalia aside, they're identical. Legally recognizing polygamy is a huge logical leap, and would require us to finally come up with a unified answer to the question "Why does the state even care about marriage?".

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