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Do you think people should be prosecuted for polygamy if they are all consenting adults? And...

what do you think about people marrying as many other adults as they like? Do you think polygamy should be legalized? For you, do you think there is a connection between gay marriage rights and the rights of polygamists? Or are they completely separate issues?

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  • Dscn0421_small
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    For starters, I think there's a big difference between polygamy and polyamory-one seems to promote male dominance and one seems to promote equal relationships between men and women. Polygamy is mostly associated with religion, and much of the polygamy associated with religion encodes a social system that does not limit marriage to consenting adults (or, rather, defines a consenting adult as a female child as young as 12). If certain groups are practicing a polygamous marriage rite that only involves fully-grown women (not 16 year-old girls who have parental consent because the parents are also part of the religious organization) I think they ought to be as protected and free as any other citizen. I'm just skeptical that this is really the case very often- over and over again we hear of children being sexually groomed for marriage at very young ages and married off when barely even menstrual in groups that practice polygamy. Part of the problem I see is that it seems that polygamy is often a part of small cultural groups in the U.S. which are practicing a significantly different set of mores than U.S. culture promotes- this is fine, protected by our constitution, and encouraged as long as those mores do not violate the basic rules of our society (ie; child rape, no matter the justification, is wrong and will not be tolerated). The really difficult part here is that the government protects its citizens by oversight, and many of these groups are closed, so simply trying to gain the access to check on individuals in closed societies can be seen as persecution.

    I haven't heard of polyamorous people (the distinction I'm making is that their group relationships might involve multiple men and multiple women or only people of a single gender) fighting for the right to marry (which doesn't necessarily mean it isn't happening). I get the impression (just from reading Savage, really) that lots of these folks have a primary or major stable relationship and then will engage with various other individuals for short periods of time or for an attachment that is somehow "limited" with rules. I don't know much at all about longstanding group relationships, and I think that's part of why you won't see poly marriage equality any time soon. If I, a young, progressive, female city-dweller haven't heard much and don't understand much, I can bet that the people who hold up this kind of movement (old, close-minded, conservative, rural) wouldn't even understand the question. Regardless, if all parties are consenting adults and no one is being coerced or abused, poly folks should be able to engage in whatever relationships they like, just like everyone else.

    I know that when I talk about marriage as a concept, especially about why I'm fighting for marriage equality, I talk a lot about how marriage is a legal and economic contract. The system of marriage in our country is set up to support two people joining their financial and pragmatic lives (one house, one unified insurance plan, one set of taxes, the ability of one to make decisions if the other partner is unable, protections for each partner's rights if there is an accident or a split, etc.). The ramifications of marriage between many partners would be quite different- it would require a lot of specialized legislation for multiple-partner unions (Jack does a good job outlining these issues in his third paragraph). Gay marriage is much simpler because all it requires is that we accept that both partners are of the same gender- every law regarding how marriages actually function remains the same.

    Usually, extending rights just means removing the exclusionary language from the existing law. In the case of polyamory, I think it would require some specialized rules, which makes the entire thing a little trickier. None of the above, however, means that when there's a movement from poly people to seek marriage rights that I would oppose it. I'm generally a fan of extending rights and protections, especially for minority groups.

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    There's a huge difference between gay marriage and polygamy.

    We tend to forget that marriage is fundamentally a contract law issue. Marriage in the legal sense (as opposed to a religious sense) essentially boils down to a set of streamlined contracts and legal assumptions about two people, which allows people to set up a househod without paying a bunch of money to lawyers to draft contracts, or have a judge decide who can make medical decisions and the like. The reason why it works is because the circumstances of two people forming a household are generally close enough that the assumptions made by marriage are applicable to the vast majority of couples, gay and straight.

    But there are no clear default assumptions for polygamists. Different "flavors" of polygamy have wildly different stances on the relation between the co-wives, for example, or who the children belong to. Some make the distinction of the "chief wife" and some don't. So it would really be difficult for government to make a "one size fits all" polygamous marriage-type institution. Are medical decisions made by a vote? Do co-wives get visitation for their non-biological children? If one party divorces, do assets get split between the two new households 50-50 or proportionally? Sure, these questions could be addressed, but the resulting institution would be very different from marriage as we understand it now.

    Now, I don't think people practicing religious polygamy or living in a polygamous type living situation should be prosecuted just for that. If there really are a lot of polygamists in an area, the government should try to set up institutions to codify and streamline legal relations between the parties, but something as universal as marriage is not really practical.

    And just pragmatically, the only real large polygamist groups in the US are fundamentalist Mormons, and so any sort of legal polygamy would just naturally tend to cater to them. Since I believe those marriages are fairly shaky on the "consensual" issue, I don't think the government should legitimize them.

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  • Subcultureoftwo_small
    Reputation: 1892

    I think Jack hit the nail on the head. It's primarily an incredibly sticky legal issue, with things like child custody, inheritance, insurance, etc. We're just not set up to deal with that level of complication.

    My main concern is that I don't have any problem at all with what consenting adults do in their own homes. However, which certain polygamous groups (ahem, FLDS), the issue of consent gets pretty hazy. Many of the women do NOT consent, but if asked, will not point any fingers for fear of being excommunicated from the community and cut off from their children, families, and any hope of heaven...so, in essence, it's consenting under duress. That's a tough nut to crack.

    Certain groups of the FLDS get around the legal issues by only legally marrying one woman. Subsequent women are married in the church, but they don't file any legal paperwork. For all intents and purposes for the woman, it's a real marriage. However, it doesn't break any laws, and it has the added advantage of allowing the women to draw government benefits as unemployed single mothers.

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  • Medium_2868373187_b2c11c89cf_o_small
    Reputation: 2266

    Definitely connected. The same justifications that were used to outlaw polygamy are used to outlaw gay marriage.

    I think anyone that is of age should be able to marry any other person that is of age. For polygamy, the biggest concern for me is that ALL parties getting married need to consent. That means it cant just be the male of the family. All parties would need to consent to all other partners being brought into the relationship.

    If that was the case, then I see no reason to deny them the right to be together.

    Now, there could be some complications with tax law and inheritances. But I am sure that could be worked out.

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  • Icon_small
    Reputation: 1627

    Prosecutions for polygamy are very rare for a number of different reasons. In the case of FLDS members, it winds up embarrassing prosecutors and politicians when the news shows children being ripped from their mothers' arms during mass arrests. Additionally, as Sacrelicious mentions, most polygamists aren't legally married to all their wives and therefore aren't breaking any marriage laws. (Although they may be breaking other laws involving welfare fraud, statutory rape, and forcible rape.)

    As long as marriage protections aren't extended to polygamists (and I highly doubt they ever will be), I don't have much of a problem with the status quo, where "marrying" many people within a religious institution without the blessing of the state is largely ignored by the authorities.

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