January 13, 2004
I HEAR THE TRAIN A'COMIN
Utah trio challenges state laws banning polygamy (Pamela Manson, Salt Lake Tribune, 1/13/04)
Three Utahns who want to live together legally as husband and wife and wife filed suit Monday against Salt Lake County clerks for refusing to issue a marriage license, challenging prohibitions in state law and the state constitution against bigamy and polygamy.This lawsuit won't work. It's too soon and the religious belief argument is a non-starter, at least as presented by this case. (Some immigrants, with a long-standing plural marriage and a cultural history of polygamy probably could present a winning case, even now.) But legalized polygamy is coming at us or, rather, we're headed downhill towards it, full speed ahead. It's probably not too soon to start raising the subject with our wives and sweethearts. Posted by David Cohen at January 13, 2004 03:42 PM
The plaintiffs claim in their lawsuit, filed in U.S. District Court, that the clerks violated their First Amendment right to practice their religion. The three -- who identify themselves as J. Bronson, G. Lee Cook and D. Cook -- say that Utahns have practiced polygamy for more than 100 years and they want to do the same."The sincere and deeply held religious major tenet of the beliefs of J. Bronson, D. Cook and G. Lee Cook are that the doctrine of plural marriage, i.e., a man having more than one wife, is ordained of God and is to be encouraged and practiced," says the suit, which was filed by attorney Brian Barnard for the Utah Civil Rights & Liberties Foundation.
I'll take the other side of that bet David. They are in the 9th Circus. If Gay marriage is a constitutional right, this case is a slam dunk.
If the plaintiffs had a sense of humor they would have brought the case in state court so they could have given the Utah Supreme Court the chance to embarass Massacusttes.
Posted by: Robert Schwartz at January 13, 2004 04:15 PMPolyandry too, no doubt.
Posted by: ed at January 13, 2004 04:18 PMThis is going to be fun to watch. Frankly, I wouldn't be surprised to see the case get thrown out this time around, but it's only a matter of time before a case like it sticks.
Posted by: Twn at January 13, 2004 04:37 PMIf you say yes to gay marriage,you can't say no to any other kind of marriage.
This will bite the Left in the *** as gender feminists scream bloody murder.
The real fun,of course,starts when the pedo's and animal lovers get to the courthouse.
I believe Utah might be the only state where this case could not get a fairly respectful legal hearing, because of the conditions under which it was granted Statehood.
In Hawaii, your legal rights are slightly different from in other states, because of the provisions written into the Organic Act that brought it into the Nation. As in Utah, these exceptions are under attack by the grievance culture, but so far the federal district judges have not accepted their arguments.
Posted by: Harry Eagar at January 13, 2004 05:49 PMFrom a Biblical/cultural and historical perspective these people have a more legitimate case than the Massachussetts case. I'm not saying I'm in favor of it of course.
Posted by: J.H. at January 13, 2004 07:20 PMJ.H.
And that might be the very reason they have less chance of succeeding.
Posted by: Peter B at January 13, 2004 07:54 PMUtah is in the 10th Circuit, not the 9th.
Posted by: Random Lawyer at January 13, 2004 08:37 PMI don't know what anyone is worried about. According to OJ, there is nothing immoral about polygamy.
Posted by: Jeff Guinn at January 14, 2004 02:41 PMIt's not immoral, it's just a bad idea.
Posted by: David Cohen at January 14, 2004 02:57 PMDavid:
Exactly. Under the circumstances of our society.
But if those circumstances changed, what was once bad might become essential for long term survival.
Which makes polygamy an idea whose "goodness" is environmentally dependent.
Posted by: Jeff Guinn at January 15, 2004 01:11 PMTHX --
Change is bad.
Unprecedented change is worse.
Unprecedented change to a fundamental societal institutional is catastrophic.
Plus, specific to multiple marriages: The junior wives are chattel, the bond between the father and children is attenuated, and it increases the number of unmarried young/poor men.
Jeff -- "Morality" is confirming to the commandments given to us by G-d in the Torah. Everything else is ethics, or culture, or social context. Of course it can change. Once the man-killing virus is unleashed and kills off 90% of the adult male population, polygamy will be required.
Posted by: David Cohen at January 15, 2004 07:32 PMDavid:
So if I understand you properly, only the contents of the Ten Commandments constitute "morality." However, there aren't too many civilizations anywhere (none that I can think of) that don't adhere to this morality. Which seems to minimize the importance of any specific religion.
And, again if I understand you correctly, it calls into question the accuracy of a statement like "homosexuality is immoral."
Posted by: Jeff Guinn at January 16, 2004 07:47 AMDavid:
Hardly unprecedented globally, historically, or in the US.
Junior wives were chattel when the senior wives were. Why do you believe that large numbers of American women would voluntarily decide to become slaves ?
It may indeed increase the number of unmarried young/poor men, but that may not be a bad thing.
First, many men ought NOT be married. Fewer women might settle for an immature or abusive spouse.
Second, it should compel men to marry earlier, if they're serious, which can only be good for society, from our present condition.
The thought about men and their children is a good one, but, given the high rates of divorce and essentially paternally abandoned children now, it may not be worse than the status quo.
In any case, I don't expect large numbers of people to avail themselves of the opportunity to marry multiple spouses. Even in the Mormon community, back in the day, most marriages were between only two people.
Posted by: THX 1138 at January 16, 2004 08:51 AMTHX -- What is unprecedented is the change from monogomy to polygamy.
We do have experience with the conditions of junior wives in polygamous marriages in the modern US. They are treated as chattel and suffer very high rates of abuse.
Luckily for us, India, China and Arabia are running experiments about the effect of large populations of young men with poor marriage prospects. Why don't we hold off 50 years and see how that turns out?
Jeff -- There are hundreds of commandments:
Traditional holds that the Torah contains 613 commandments. The Torah itself does not record this number; rather the Tannai'im (the sages who wrote the Gemara of the Talmud) are the source of the tradition that there are 613 commandments in the Torah. They taught that the 613 are comprised of 365 negative commandments (Thou shalt not's) corresponding to the number of days in the solar year because each day we are tempted to violate a commandment and therefore have the opportunity to refrain from violating the commandment by obeying God; and 248 positive commandments (Thou shalts) corresponding to the number of bones in the body (as they understood it) because this teaches that we can serve God with every part of our body and being. The Sages, for whom the world could be seen as a web of relationships, distinguished between mitzvot Bein Adam LaMakom (between a person and God, such as the commandments concerning Shabbat and prayer) and the mitzvot Bein Adam LeChavero (between people, such as the laws concerning business practices, marriage, divorce, and so on).
There are, however, only seven that apply to non-Jews.
Posted by: David Cohen at January 16, 2004 12:00 PMDavid:
Those junior wives are in ILLEGAL and socially unaccepted marriages. You might just as well extrapolate working conditions and social interactions for the whole of society, by studying illegal immigrants and prisoners, respectively.
Posted by: THX 1138 at January 17, 2004 09:37 PMTHX -- At best, that goes to the weight of the evidence, but it doesn't change the fact that the only evidence we have -- whether from the modern US, history or other polygamous societies -- is that it is bad for women, bad for children, bad for unmarried men and bad for society. Maybe this time it would be good for everyone, but there's no evidence that it would be.
In fact, I think the evidence still cuts my way: in a situation in which the junior wives have as strong a hand as can be imagined (no legal ties, the ability to rat out the marriage to the cops, no easy substitute), and they're still abused.
Posted by: David Cohen at January 17, 2004 10:22 PM