The Upcoming Polygamy Debate-Brace Yourselves

Now the overseer must be above reproach, the husband of but one wife, temperate, self-controlled, respectable, hospitable, able to teach… (1 Timothy 3:2)

This topic will challenge your understanding and hopefully begin to hone your responses towards this subject. There will be long audio sections for the serious student of defending traditional marriage. This is a topic that is intimately connected with the same-sex marriage discussion. You will hear Michael Medved make an argument that seems to at the least place polygamy in a category that is more sustainable [in argument form] than homosexual marriage — i.e., it produces children where same-sex unions cannot. His take on it will be heard in a bit, firstly however, lets open this topic up with our neighbor to the north — Canada. This comes from Religion News Blog, and I note this case because when the arguments FOR polygamy come out they will be identical (I am guessing) to the arguments made by same-sex marriage supporters.

B.C. Supreme Court opens debate on polygamy

If Chief Justice Robert Bauman agrees with the legalizers, Canada would be the first country in the developed world to lift the prohibition on multiple marriage and it would be swimming against a tide of criminalization in developing countries in Africa and Asia.

And it’s fair to say that it would likely be interpreted as Canada throwing down the welcome mat to fundamentalist Mormons, who have been largely rooted out of Utah and Arizona and are under attack in Texas, as well as to Muslims, Wiccans and to secular polyamorists.

Of course, Bauman’s decision is unlikely to be the last word. Regardless of what he decides, his ruling will likely go to the B.C. Court of Appeal en route to the Supreme Court of Canada. And even if Canada’s highest court strikes down Section 293 of the Criminal Code, Parliament would still have an opportunity to remedy that, if it wished.

[….]

Because it’s unique, the rules are being made up as the case unfolds. But one thing it will have is witnesses testifying to their experiences within polygamous communities, some of whom will testify anonymously or behind screens so that they aren’t subject to future prosecution based on their testimony.

There will be academics testifying to their research on polygamous communities both here and around the world. And there will legal experts parsing Section 293 as well as Sections 1, 2, 7 and 15 of the Charter of Rights and Freedoms.

Even if the polygamy section limits any of those freedoms, Bauman may decide that the breach of those rights is justifiable if the practice is harmful. Or as the B.C. attorney-general’s lawyer describes it, “The main task facing this court will be assessing and weighing evidence respecting harm: the harm of polygamy versus the harm of prohibition.”….

…(read more)…

(Utah Next?) Here is a portion of an interview that exemplifies some of the emotional arguments FOR polygamy. How do you respond to it? There is some hint as to why near the end… the struggle between the wives:

Michael Medved comes at this topic with the most challenging thoughts on the subject. While his main point is that we as a society should approach same-sex marriage and polygamy the same — e.g., we shouldn’t endorse these practices as a society by legalizing them like with marriage. Neither should we break down peoples doors just the same. That being said, from studying these two issues personally they seem to have legal issues that follow them that should be discouraged by society. With homosexuality for instance, there seems to be a yearning after underage relationships with the same sex that is higher in its sway over the homosexual man than in the general population (I deal somewhat with that in these posts [as well as the health aspects of it] here, here, here, here, and here). Likewise, there seems to be a sway over the polygamous man wanting young girls than that of the general population (seen in these video documentaries here, here, and here).

Polygamy is known to increase...
…crime, prostitution and anti-social behaviour. Greater inequality between men and women. Less parental investment in children. And, a general driving down of the age of marriage for all women.

This is where the law should be extra vigilant, which means adoption may not be the best choice. In both cases keep in mind that while the possibility for the breaking of the law is higher, it is not always the rule… there are people in both lifestyles that set standards that you or I would consider high and acceptable. And we would want them to influence their fellow practitioners with this high-standard for the betterment of society as a whole — all the while being “accepting” but not affirming (this is hard to do). But for the lawful man or woman in either scenario, even though we shouldn’t reward standardizing their choices with that of the lawful heterosexual marriage model, we should as a society reward the people striving to truly keep these relationships legal and above the board.

A story from September shows some of the arguments that will be used against legalizing polygamy. Dr. Joseph Henrich lays out just a few of the reasons he has compiled in his burgeoning studies on the topic that gives us an answer to the question, what then are some of the arguments on can make against this lifestyle?

Polygamy is harmful to society, scholar finds

Increased crime, prostitution and anti-social behaviour. Greater inequality between men and women. Less parental investment in children. And, a general driving down of the age of marriage for all women.

These are some of the harms of polygamy (or more correctly, polygyny, since it is almost always men marrying more than once) that are outlined in a 45-page research paper by noted Canadian scholar Joseph Henrich, filed Friday in B.C. Supreme Court.

Henrich is uniquely qualified to look at polygamy’s harm. He’s a member of the departments of economics, psychology and anthropology at the University of British Columbia and holds the Canada Research Chair in Culture, Cognition and Coevolution.

But he’d never really thought about it until this year when Craig Jones approached him. Jones is the lead lawyer in the B.C. government’s constitutional reference case, which will be heard in November by B.C. Supreme Court Chief Justice Robert Bauman.

[….]

Another social harm that Henrich says is consistent regardless of whether researchers use data from 19th-century Mormon communities or contemporary African societies is that children from polygynous families have considerably lower survival rates. It seems polygynous men, rather than investing in their offspring, use their money to add wives.

“Monogamy seems to direct male motivations in ways that create lower crime rates, greater wealth (GDP) per capita and better outcomes for children,” Henrich concludes.

But what’s more surprising than his conclusions is his speculation that monogamy is at the root of democracy and equality.

Money Quote
But what’s more surprising than his conclusions is his speculation that monogamy is at the root of democracy and equality.

He argues that as the idea of monogamy spread through Europe during the 15th century, king and peasant alike had the same rules and the idea of equality gained a foothold — at least among men.

With reduced competition for women, men began loosening their tight control over wives and daughters.

And with fewer unmarried men, the pool of soldiers that had previously been harnessed by warring rulers was reduced.

Even though this compelling argument goes far beyond the scope of the trial, it may make it even harder for polygamy’s advocates to convince the judge that its practice is benign.

…(read more)…

Francis Beckwith weighs in on this topic with some reference to what our Founders did in these situations:

Are There Limits to Religious Free Exercise?

….The Founders, Free Exercise, and Its Limits. America’s founders were wise enough to understand that religious freedom could not be limitless. They also understood that this precious liberty should not be restricted unless the state could provide good reasons why these restrictions are justified. This is why the wording of free exercise provisions in state constitutions at the time of the founding of America typically allowed for the limitation of religious liberty if the prohibited actions would interfere with some aspect of the community’s good. New York State’s Constitution (1777) is typical in this regard: “The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed, with this State, to all mankind: Provided, That the liberty of conscience, hereby granted, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

The reasoning is similar to what the Supreme Court employed in 1878 when it rejected the argument of Mormons that the free exercise clause protected their religious practice of plural marriage. In 1862, the U.S. Congress had passed the first of several antipolygamy statutes for the purpose of stopping the growing population of practicing Mormon polygamists in Utah. Because Utah was a U.S. territory at the time, the federal government had jurisdiction over Utah, and thus the First Amendment of the federal constitution could be applied to the anti-polygamy statutes. (Today, because of incorporation, it would not matter whether it was a state or federal statute.)

Money Quote
In Reynolds v. United States (1878) the Court rejected the Mormons’ free exercise argument on the grounds that even though “Congress was deprived of all legislative power over mere opinion,… [it] was left free to reach actions [such as polygamy] which were in violation of social duties or subversive to the public good.” What the Court meant by this is that certain institutions and ways of life, such as marriage and the family, are essential to the preservation of civil society.

In Reynolds v. United States (1878) the Court rejected the Mormons’ free exercise argument on the grounds that even though “Congress was deprived of all legislative power over mere opinion,… [it] was left free to reach actions [such as polygamy] which were in violation of social duties or subversive to the public good.” What the Court meant by this is that certain institutions and ways of life, such as marriage and the family, are essential to the preservation of civil society. The government may craft its laws in such a way that certain practices receive a privileged position in our social fabric, and actions contrary to them should be prohibited or at least discouraged, even if they have religious sanction. Such practices as polygamy, same-sex marriage, adult incest, and child sacrifice, therefore, may be forbidden even if they arise from a religious understanding of the world; for they are actions that are deleterious to the public good.

On the other hand, the public good is undermined when citizens are forced to choose between the law and their religious practices when those practices do not undermine, and may very well advance, the public good. For example, when the Supreme Court in Yoder gave a free exercise exemption to the Amish, the public good was advanced. When Catholic Charities was forced by the California Supreme Court to pay for its employees’ contraceptive use, however, CC was literally required to underwrite sexual practices that are overtly hostile to its own theological understanding, an understanding that is integral to a well-established tradition in moral philosophy. This ruling runs counter to the public good.

The Courts should return to the reasoning of the founders. It is a reasoning that allows for the widest possible religious free exercise consistent with preserving and protecting the public good. This, of course, will not eliminate debates on controversial questions over which reasonable citizens disagree. What it will do is provide us with a conceptual framework that puts teeth back into the free exercise clause while reintroducing us to the language of natural law, one that places a premium on the government’s obligation to protect the intrinsic dignity of the person and advance the public good.

…(read more)…

This next audio piece is mainly about same-sex marriage and what Jesus endorsed or didn’t endorse. Many of the positions taken in response to the skeptic here can be applied somewhat to some of what Medved mentions.

Same-Sex Marriage Judge Finds That a Child Has Neither a Need Nor a Right to a Mother

Gender NO big deal for this judge:

U.S. District Judge Vaughn R. Walker, who ruled last week that a voter-approved amendment to California’s constitution that limited marriage to the union of one man and one woman violated the Fourteenth Amendment of the U.S. Constitution, based that ruling in part on his finding that a child does not need and has no right to a mother.

Nor, he found, does a child have a need or a right to a father.

“Children do not need to be raised by a male parent and a female parent to be well-adjusted, and having both a male and a female parent does not increase the likelihood that a child will be well-adjusted,” the judge wrote in finding of fact No. 71 in his opinion.

“The gender of a child’s parent is not a factor in a child’s adjustment,” the judge stated in finding of fact No. 70. “The sexual orientation of an individual does not determine whether that individual can be a good parent. Children raised by gay or lesbian parents are as likely as children raised by heterosexual parents to be healthy, successful and well-adjusted. The research supporting this conclusion is accepted beyond serious debate in the field of developmental psychology.”….

…(read more)…

Some “Ghey Talk” Regarding Same-Sex Marriage

  • “We’re not married, Let’s get that straight. We have a civil partnership. I don’t want to be married! I’m very happy with a civil partnership. The word ‘marriage,’ I think, puts a lot of people off. You get the same equal rights that we do when we have a civil partnership. Heterosexual people get married. We can have civil partnerships.” — Elton John

You may view my critique on same-sex marriages being the same, ontologically, as heterosexual marriages, this paper is entitled, Epicurean Romanism: Natural Law & Romans.” Also see this case study, Redefining marriage or deconstructing society: a Canadian case study,” by homosexual psychologist, Paul Nathanson (it is multiple pages and I must h/t Come Reason Ministries via there podcast for this study).

Tammy Bruce — a pro-choice lesbian, agrees with Elton John as explained in this article on her site, Gay Marriage: Why Not? (this article has disappeared [except for here], however, there is a more in-depth link that is connected with the article):

The political debate rumbles on, and we’ve heard the principle arguments repeated endlessly: On one hand, the right of gays to seek the same legal protections available to straights, and on the other hand, the mainstream desire to preserve an ancient and fundamental institution. Perhaps there’s a more appropriate way to look at this. Seems to me there’s an element of narcissism on both sides of the standard argument: On one hand, MY rights; on the other hand, MY tradition. But maybe it’s not about YOU. Marriage may make us happy (or miserable, as the case may be), but its primary purpose is to create a stable environment into which children will be born and nurtured through adolescence. Certainly both our statistics and common sense tell us that children do vastly better if they grow up with loving parents, a mother and a father. For this reason, I’d rather view the battle for marriage as a children’s rights issue, rather than a ME ME MINE issue.

Looked at from this perspective, the problem with gay marriage isn’t that it’s objectively any worse than (and it may actually be better than) the broken homes and single parents and all the other indications that modern marriage is a ruined institution. The problem with gay marriage is fundamentally symbolic: It’s the societal acknowledgement of how far marriage has fallen. If not for the specter of gay marriage, we could continue to pretend that we’re still functional. We could pay our hypocritical respects to our ideal, even if that ideal no longer translates into any semblance of reality.

If you get past the politics and the rants, you’ll hear many conservative Christians acknowledge as much. They understand that winning the battle against gay marriage doesn’t mean a thing unless marriage itself once again becomes respected and meaningful.

Just as the 2nd Amendment wasn’t adopted to protect your right to hunt, so the institution of marriage wasn’t created to deliver spousal health insurance and inheritance. Don’t let the politics distract you from the big picture. This battle is in one place but the war is elsewhere.

In ancient times before Abraham, pagans sacrificed their children to idols. This is a matter of historical record. Then, as our tradition would have it, God gave us the example of Abraham and Isaac to declare an end to ritual human slaughter. In our modern, enlightened era, it seems we’ve created a new form of child sacrifice. Children have become disposable. Most of us know this is our fundamental problem. Some say that the government must step in and pick up the slack with day care and the like. Others argue that the parental commitment must be enforced. The liberal/conservative divide forms roughly along these lines. This is where the war is.

Bottom line: If we’ve lost marriage, then it really doesn’t matter what becomes of gay marriage. Think about this before you jump back into the culture war.

Related Links:

  1. Tammy’s column from 2004 on the issue: Respecting Marriage and Equal Rights;
  2. The Tammy Bruce Interview,

in this interview Tammy says the following:

….So it is a self-obsession based in victimhood. Now I was raised on the left to believe that in fact this was life and death, that we’re going to destroy you before you destroy us. Now that is almost non-existent on the right, if you will. I don’t see that kind of – there’s certainly some paranoia when it comes to the extreme right – but the level of paranoia and narcissism really drives all the decision making (on the left).

I’ll give you an example when it comes to gay marriage. If Christians are against gay marriage, the gay elite don’t believe that’s because the Christian is concerned about tradition, concerned about the future of this nation, or has a series of issues (with it) surrounding their faith, instead, of course, the gay elite says, “Oh, they’re homophobes.”

They’ve made a decision because they hate me, that they’re thinking this way because of me, that they’re making that decision because they want to hurt me – as opposed to, that they may be against gay marriage because, again, of faith, because of the importance of the tradition of marriage. In fact, God forbid should they ever consider that it might not have anything to do with homosexuals at all, but it has everything to do with (people’s) families, that kind of deeper thinking beyond one’s self, they’re incapable of….

Likewise, Al Rantel in his article entitled, Gay Talk Show Host Opposes Gay Marriage,” makes the point that as a gay man, he opposes gay marriage [he has since changed his opinion, however, these arguments still are valid as it shows one in the gay community can hold them]:

The Massachusetts Supreme Judicial Court ruling by four of the seven justices that the state must allow gays full marriage rights by May 17th raises a myriad of questions that some are afraid to ask in this time of political correctness run amok.

First and foremost of those questions is who said gays want to get married in the first place? Lets look at the numbers. The highest number of same sex households in America is ironically in Massachusetts, however even then it is under 2 per cent of all households. If gays make up five to ten per cent of the population as is often claimed, one would expect this number to be five times larger.

As distressing as the state of the American family is today with the high rate of divorce and adultery, the situation is far less stable among gays. This is not a slur against gays as individuals, but rather the reality of what occurs when you have what I call the all gas and no brake environment of male/male sexuality. I should know. I am a gay male.

To say that unfortunately the gay world is in a general state of hyper-sexuality that is not conducive to relationships which marriage was intended to foster is to put it mildly. Further, almost all of the issues the gay left claims it is justifiably concerned about like property, health, and financial partnership issues have already been dealt with by many states and can be dealt with through further legislation as needed. Such legal changes would encounter far less political opposition.

Why then the seeming obsession by the gay left and their activist judicial allies like the Massachusetts justices to force gay marriage on an unwilling public?

There is an answer.

Forcing a change to an institution as fundamental and established by civilization as marriage is deemed by gay activists and other cultural liberals as the equivalent of the Good Housekeeping seal of approval for homosexuality itself. The reasoning goes that if someone can marry someone of the same sex then being gay is as acceptable and normal as being short or tall.

While I certainly do not think people should be judged by who they choose to love or how they choose to live their lives, the cultural liberals in America are after more than that. They want to force others to accept their social view, and declare all those who might have an objection to their social agenda to be bigots, racists, and homophobes to be scorned and forced into silence.

The gay left has still not matured into a position of self-empowerment, but is still committed by and large to the idea that the rest of society must bless being gay in every way imaginable. This includes public parades in all major cities to remind everyone else of what some people like to do in their private bedrooms while in the same breath demanding to be left alone.

What more certifiable blessing than state sanctioned marriage of two men or two women, even for a group that has offered no indication that most even desire to enter into the kind of commitments that marriage ideally entails, or that serves the real purpose of marriage. Marriage exists in order to create a stable and structured environment for couples to reproduce and raise their offspring.

And so we have come to yet another chapter in the story of those who would portray themselves as victims in need of another sanction from the state. This time the price of social acceptance of gays is the redefinition of an institution that is thousands of years old and a cornerstone of society. Does that really seem like a wise and prudent choice for America to make at the wish of a handful of judges, and at the behest of those whose real goals are more political than anything else?

Al Rantel recently retired from radio hosting on Los Angeles’ KABC.

Paul Nathanson, a sociologist, a scholar, and a homosexual writes that there are at least five functions that marriage serves–things that every culture must do in order to survive and thrive. They are (source | Also worth mentioning is this):


  1. Foster the bonding between men and women
  2. Foster the birth and rearing of children
  3. Foster the bonding between men and children
  4. Foster some form of healthy masculine identity
  5. Foster the transformation of adolescents into sexually responsible adults

Note that Nathanson considers these points critical to the continued survival of any culture. He continues “Because heterosexuality is directly related to both reproduction and survival, … every human societ[y] has had to promote it actively . … Heterosexuality is always fostered by a cultural norm ‘that limits marriage to unions of men and women’.” He adds that people “are wrong in assuming that any society can do without it.”