The legal issues surrounding the practice of polygamy are among the greatest human rights issues of our time. Proponents of legal polygamy argue that polygamy is viable or a way of life that is not inherently harmful. Others argue that polygamy encourages infidelity and the abuse of women and children. Concerns about the legality of polygamy arise in debates over the separation of church and state, and American religious freedom. of value
Polygamy is defined by the Oxford English Dictionary (2005) as “the custom or practice of having several wives or husbands at the same time.” Most of the time, especially in America, polygamy refers to polygamy, which is called polygyny, a type of polygamy where “a man has more than one wife.” Another less common form is polyandry, where “a woman has more than one husband.” Although all forms of polygamy are illegal in the United States, the most common form of polygamy is polygyny. .
Polygamy is prohibited by the Church of Jesus Christ of Latter-day Saints, but in recent history it was customary in that church. Today the Church hides those who discreetly practice polygamy (Absalom). Fundamentalists from the Church of Jesus Christ of Latter-day Saints broke away from the LDS church to form the FLDS, the Fundamentalist Church of Jesus Christ of Latter-day Saints, to continue the practice of polygyny. The FLDS is a well-known polygamist group most active in the United States. There are other polygamy doctors in the United States. There are other religious sects, usually offshoots of the Mormon faith or some practitioners of Islam, that practice polygamy. There are also polygamists in the United who are not affiliated with those religious sects.
In a purely legal sense, we must view all forms of polygamy as the same, or the law must be recalled to distinguish between legal and illegal forms of polygamy. In Libya, for example, polygyny is legal with certain restrictions. But he is not polyandrous. All forms of polygamy are now illegal in the United States.
But the laws which apply to polygamy are rarely enforced. As part of that loosening of the law enforcement, polygamy has become an accepted culture in some parts of the United States. In the Salt Lake city, many come from polygamous families, even if they do not practice polygamy. Officials in these areas use their discretion to enforce laws against polygamy, which usually means not enforcing them. Many officials are actually members of the cult, which makes it even more difficult. Not only do they ignore polygamy, but they ignore more serious crimes, such as child abuse, as well. In Escape, Carolyn Jessop talks about her dilemma after her son Patrick was abused by one of his sister’s wives. “I couldn’t go to the police. The police were all members of the FLDS community. . . (Jessop, 240).
Some police cover up polygamy as a crime for the same reasons other laws about consensual sex offenses are often ignored. Sodomy laws were invalidated by the Supreme Court in 2003, which ruled private sexual acts between consenting adults. the constitution is a protected part of the right of liberty. The offspring of polygamy is that polygamy involves marriage. In today’s environment, civil rights activists are fighting for marriage rights for homosexuals, largely based on that freedom clause in the constitution. Some modern proponents of polygamy agree on that. The Supreme Court has already ruled that consensual sex between non-commercial adults is regulated by the United States. when ruling the sodomite. But he fled from a certain governing marriage.
Marriage is a covenant that involves certain legal benefits, including citizenship and financial rights in the event of divorce. Some have used marriage as a means of achieving citizenship. Brides are often Mail order talked about in jokes but the reality is, where people with money and American citizenship can find a foreign bride looking for a country to leave In most of the United States of America in it is illegal in most marriages. However, it is likely to change civil rights as it relates to protecting the rights of homosexuals. This is a trend that can be seen throughout history. In 1967, The Supreme Court defined marriage in the case piea v. He reintegrated the virgin. generic marriages, which before 1967 were illegal in much of the United (Robinson). Modern polygamists, especially those who are not affiliated with radical religious sects, wonder if their marriages are being criticized.
Polygamy, like homosexuality, is argued to be a personal choice. As some polygamists say, in America it is accepted that husbands have affairs, and their right to have children outside of marriage is upheld in Eisenstadt v Baird in 1972, but if a man wants to have serious intercourse with two women. plural marriage plural form, that is illegal and frowned upon by most of our society. (Szymanski).
Much of the debate over the legality of polygamy deals with questions of consent and who can give it. Adults raised in an environment that allows for basic liberties may agree, but this is the case for many in polygamous religious communities. Most of the children in those communities have been raised there all their lives and do not know much about the exterior and their own rights. They are taught to fear the government and to deny education. This isolation greatly increased under FLDS leader Warren Jeffs.
Garinus went mad prophesying. No one in the community was allowed any access to outside information, so he also began to predict the weather. I still had access to a computer because of the small internet things I wanted to start. I often go online to see how close to Jeffs predictions I have found online. They were the same. (Jessop, 334).
The question is therefore whether men raised in that state of affairs can give consent. This is especially important since many women are under the legal age of consent, but will not approach strangers for help. Those of legal age are still forced to consent in arranged marriages. They are not educated enough to know their rights. Many do not have a high school diploma, many are only in religious schools controlled by him, who control every aspect of their lives. Jesop was one of the few college educated women in their community, which helped me see more. more than many others in his community.
The problem with addressing the problems in the FLDS and other radical polygamous sects is that it gives religious-freedom to the people in our country. they have the right to believe whatever they want. They also have the freedom to educate their children as they see fit. Polygamy itself is not criminal in itself, but certainly in that it is a victimless crime when all adults consent. The crime turning point is criminal when the parties do not consent or cannot consent, or are not adults. Many of the problems that are allegedly polygamist problems are also domestic abuse problems. Monogamous and polygamous men abuse their wives and children. They should be treated equally under the law. However, it is difficult for a woman to come to the community for help with domestic abuse. Jessop tries her documents to get help from her abusive husband. She tries to go through the prophet, but she is told to obey her husband, and all the local police members of the FLDS community do not intervene. Since he has no trade with the outside world, he has no help anywhere.
I believe the main reason laws prohibiting polygamy are in place is because it provides a means by which the police can investigate situations of child and domestic abuse. But it seems inconceivable that some people want to live badly. I particularly remember on Oprah, first aired on October 26, 2007, which showed a more positive view of polygamy. Lisa Ling interviewed people from a variety of polygamous backgrounds, including a recent family with 22 children educated in public schools and whose children they were engaged in games and songs in the community. They were not polygamists because they were indoctrinated as children, and they made the decision that adults should agree to lead a different lifestyle. Another family also appeared on the Oprah special, who had three wives who claimed to be best friends and enjoyed polygamy. Again, force was not involved in their decision to become polygamous. Then Lisa Ling interviewed Carolyn Jessop, and brought her back to Colorado City to talk about the abuses that were going on in that community. Oprah highlighted the special differences that existed between different polygamists and showed Americans other than the Colorado City polygamists to identify with that lifestyle. Two Modern Families confirmed on Oprah’s special that they don’t think polygamy is for everyone, but they just want it to be frowned upon. Valarie, a self-proclaimed polygamist, explains the “disease disease” as follows.
The Utah law is really absurd, because if a man were to live with another woman besides his wife and then call her his wife and support his children, he is a criminal and cannot get anything up to five years for it. This is considered a third degree felony. But if they want to have a concubine, it is blind or disguised, and it is unjust in this society. (Polygamy in America, 4).
There has been a lot in the media recently about polygamy and its illegality. Between Oprah and the news about the raid on the coveted Zion Ranch, and Jessop’s book commentary, the public has a lot to sort out about polygamy. The question is whether polygamy will ever be legally recognized or deprecated. Most people with experience in polygamy, Jessop and others in particular Oprah, agree that the decriminalization of polygamy would be a big step forward. Polygamous families could be more open about their lives, and much less fear of government persecution. Decriminalization would help people look more closely at the group of polygamists who do not work and go after more serious crimes, such as child abuse and violence domestic affairs that can be carried out in these societies without lengthy debates about religious persecution. If child abuse is being asked, your religion is irrelevant.
That said, America is not likely to criminalize polygamy. The use of polygamy laws can help people bring down Warren Jeffs, since child abuse and kidnapping are not easily proven in an isolated society like Colorado City. Just as the police cannot arrest every person who smokes marijuana, who causes harm to others, they may first be charged with drug possession.
The age-old debate between freedom and safety is re-emerging as religious and sexual freedom compete with the need to protect society. Do you think the criminal sentence for polygamy is constitutional? No. Do you think it’s a good idea to bring down child abusers, like Warren Jeffs? Yes. I don’t know how polygamy would stand in the court system. Groups like the Centennial Park Action Committee are working to escape the stereotypes that the State of Colorado has subjected them to. At Centennial Park, families have a variety of televisions and modern amenities. They allow strangers to speak to them, and are not as timid and secretive about their lives; Everyone in a polygamous culture has some fear of the government because they are technically doing it illegally and can sometimes be prosecuted for it.
The civil rights debate will likely last as long as it does over polygamy. Some civil rights activists say it’s a family’s choice how they want to live. Others point to sexual abuse in places like Colorado City. Civil liberties will, in my opinion, prevail, but the abuse in America needs to be addressed. At some point, I think many modern polygamists would give up some freedom if actual progress was made to prevent the abusive domestic situation many polygamists are in. Then we as a country can focus on formal decriminalization. Today’s police discretion is so great that no one is actually tried for polygamous cases. Therefore, the decriminalization of polygamy is more of an ethical civil rights issue than an immediate one.
Through the media, America learns various forms of polygamy, polygyny, polyandry, and polyamory. As society evolves, so will the definition of our family. Alternate lives are becoming more common and accepted. Eventually, the legal aspects of those families will be reorganized. But those definitions have a relationship between freedom and safety.
References
Absalon, Joseph (1999). Polygamy faq. In the Collection of Absalom. Retrieved February 18, 2009, from http://www.absalom.com/mormon/polygamy/faq.htm.
Compact Oxford English Dictionary (3rd ed. (2005). Retrieved February 20, 2009, from http://www.askoxford.com/dictionaries/compact_oed/.
Jessop, C. & Palmer, L. (2007). Run away. New York: The Doubleday Broadway Publishing Group.
Robinson, B. A. Same-sex marriages, civil unions, and domestic partnerships. (2009). Retrieved February 18, 2009, from http://www.religioustolerance.org/hom_marr.htm.
Polygamy in America. (2007). On the Oprah Winfrey Show. Retrieved February 18, 2009, from http://www.oprah.com/slideshow/oprahshow/oprahshow1_ss_20071026/1.
Szymanski, Bened. (2004). Is polygamy really illegal?. Received from February 2009, ex
http://modernpolygamy.org/illegal.shtml.
