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Showing posts with label polyamory. Plural Marraige. Show all posts
Showing posts with label polyamory. Plural Marraige. Show all posts

Saturday, August 13, 2011

Lawsuit Filed in Utah to Legalize All Forms of Polygamy, Including Group Marriages

It’s been a few weeks since my last post, but, sadly, it’s not because there hasn’t been a number of topics to choose from. In my last post, I wrote about the New York legislature’s decision to legalize same-sex “marriage.” I also explained, to no-one’s surprise, that just prior to the vote, some already were bemoaning how same-sex “marriage” would be too restrictive because of society’s expectations of monogamy in marriage. Just days later, attorney Jonathan Turley (a law professor at George Washington University School of Law) filed a lawsuit challenging Utah’s law that makes it a crime to knowingly have a spouse and to marry or live with a third person.
The complaint is filed on behalf of the Brown family, who were featured on a TLC reality TV show about polygamy – Sister Wives. In the complaint, Mr. Turley explains that the law “wrongfully” prevents all forms of polygamy, which he describes as including “polygyny, polyandry, and other forms of ‘group marriages.’” To make sure we all are on the same page, he defines each term: polygamy refers to any and all forms of plural marriages; polygyny refers more specifically to a plural marriage of a man and more than one wife; polyandry refers to a plural marriage of a woman with more than one husband; and group marriage refers to a “family” consisting of multiple husbands and wives. Finally, he explains that there is yet another category that is distinct from polygamy — “polyamory.” He defines polyamory as “consensual relationships where participants have more than one sexual partner, including long term commitments to multiple adult partners.” All of these have one common feature, according to the complaint, they “believe that monogamous unions are artificially restrictive and run counter to the biological and emotional needs of human beings.” Yes, he’s arguing that people can’t help but have more than one sex partner so the government should just go ahead and condone it. According to Turley and the Brown plaintiffs, the state has no business in criminalizing these various sexual relationships.
How does he justify his argument? He relies on the US Supreme Court decision in Lawrence v. Texas, a court decision from one province in Canada to protect polygamy, the fact that we permit single people to live, and have children together, and, most offensively, the Bible. The first two reasons require very little discussion. Lawrence is argued by anyone seeking government recognition of sexual sin. What else would you expect from a court decision that proclaimed that the constitutional guarantee of liberty “extends beyond spatial bounds” and “presumes an autonomy of self” both “in its spatial and more transcendent dimensions.” Assuming anyone knows what that means, it certainly leaves the door open for people to argue everything (including, for example, pedophilia) is protected by the constitution.
The two arguments that merit more attention are the Bible and societal-based arguments. The complaint properly points out that in America today, we no longer criminalize (or even socially stigmatize) unmarried cohabitation, fornication, or adultery. If we don’t take these sexual sins seriously, so the argument goes, what basis do we have for saying that polygamy (or same-sex marriage) is wrong. I understand the argument, but don’t agree in the conclusion. Frankly, I think we should take more seriously all forms of sexual sin and take steps to legally discourage the conduct. The solution is not, however, to simply make it a free for all for all types of sexual sin. And the church needs to take the lead on strengthening its commitment to marriage.
Finally, let’s turn to the Biblical argument. I believe this argument demonstrates the worldview conflict that is at the foundation of the current legal battles to legalize same-sex marriage, and, now, polygamy. In the complaint, Mr. Turley makes the argument that polygamy is a longstanding religious practice and is condoned by the Bible. First, he explains that many of the Old Testament heroes were polygamists (referring to Abraham, Moses, and Davis) and “chosen by God to lead His chosen people.” Based on this, he argues, the Bible approves of polygamy. Of course, not being familiar with the Bible, Mr. Turley overlooks the fact that the Bible makes clear that marriage is a union between one man and one woman and that God did not condone of polygamy. What makes his argument even more ironic is that after using the Bible to make his point that polygamy is a longstanding religious practice, he then goes on to essentially say that most people don’t actually take the Bible as the literal word of God. Well, you can’t have it both ways – citing the Bible as fact, and then questioning that it is fact.
Hopefully, with this case, people will finally realize that the overall goal is to absolutely destroy marriage and eradicate any societal reliance on traditional moral values.



Source: http://www.christianlawjournal.com/blog/lawsuit-filed-utah-legalize-forms-polygamy-including-group-marriages; Thanks to Female Attorney)