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Canada ponders polygamy
MercatorNet.com ^ | Monday, 20 August 2007 | Margaret Somerville

Posted on 09/02/2007 8:35:58 PM PDT by monomaniac

Margaret Somerville | Monday, 20 August 2007

Canada ponders polygamy

Now that same-sex marriage has been legalised, it seems inconsistent to prosecute Canada's polygamists.
HBO's drama about polygamy, Big LoveCurrently, in Canada, polygamy is in the news. The Canadian Criminal Code prohibits polygamy, but it is being practiced in some communities and the question is whether the people involved should be prosecuted. Recently, the Globe and Mail, one of Canada’s nationally distributed newspapers, published an editorial entitled "No to polygamy". It’s relevant that the Globe was a major voice in support of same-sex marriage in the public debate that culminated in its legal recognition in Canada. The core argument in the editorial reads as follows:

"In no way has gay marriage lent legitimacy to polygamy. Gay marriage was legalised by the courts in part because it so resembled heterosexual marriage; for instance, it has two people. The courts endorsed gay marriage only after a large cultural shift had occurred in the arts, in the workplace and in neighbourhoods… No such groundswell has occurred in the case of polygamy... It would be very odd if the Charter were read to require Canadians to give up their defence of core values; the document is supposed to encapsulate the country’s core values."

Are the Globe editorialists correct that gay marriage hasn’t lent legitimacy to polygamy? Does gay marriage, as claimed, resemble monogamous heterosexual marriage more than polygamy does? Is the "two people" union the distinguishing and most important characteristic of marriage?

Does a cultural shift to recognise the wrongs of discrimination on the basis of sexual orientation translate to approval of same-sex marriage? If so, why wouldn’t recognising the wrongs of breach of freedom of religion do the same for polygamy?

If, as same-sex marriage proponents successfully argued, marriage is simply a social construct not based on any core biological reality, and if what constitutes a family is just a matter of adults’ personal preferences, why should polygamy be excluded as an option?

Extending the experiment with children's lives

Same-sex marriage, polygamous marriage and opposite-sex monogamous marriage are three different family structures. Family structure has major impact on children. Gay marriage supporters argue "genderless parenting" is just as good for children as opposite-sex parenting. With gay marriage, we are experimenting to see if that’s correct. Should we try a parallel experiment with polygamy and study its impact on children as compared with both gay marriage and opposite-sex monogamous marriage?

Gay marriage gave priority to adults’ preferences regarding the kinds of family structures in which children would be reared, over children’s needs and rights in this regard. Why, then, shouldn’t the same prioritising also apply to polygamy? And if not, do we need to re-think gay marriage?

And if, as the Court of Appeal of Ontario just ruled, a child can have three legal parents, why should that number not be further extended in polygamous families? This case exemplifies a combination of monogamous gay marriage (lesbian spouses) and a polygamous family structure (the spouses and the sperm donor).

What are Canadian's "core values", especially with respect to marriage, that the Globe’s editorialists see as breached by polygamy and supported by gay marriage? What if we don’t agree as to what they should be, as is true of both same-sex marriage and polygamy? Majority approval does not mean a decision is ethical, but what if a majority wanted polygamy?

Same-sex marriage opens up the possibility of polygamy because it detaches marriage from the biological reality of the basic procreative relationship between one man and one woman and that means there is no longer any inherent reason to limit it to two people whether of the same or opposite sex. Once that biological reality is removed as the central, essential feature and "limiting device", marriage can become whatever we choose to define it as.

Gay marriage advocates successfully argued that the primary function of marriage is to publicly recognise two adults’ mutual love and commitment. But why shouldn’t three or more adults, just as much as two, have their love and commitment publicly recognised and whether they are in same-sex relationships or opposite sex ones?

Ironically, traditional polygamous marriage had a lot to do with procreation and it does not negate the procreative symbolism of marriage, although most people in Western democracies believe there are other powerful reasons to prohibit it.

To the extent that an important function of marriage is to allow children to identify their biological parents and vice versa, with polygyny (one man and several wives) children can still know who their biological mother and father are (at least they could prior to assisted reproductive technologies and donated gametes, and assuming no adultery - but that latter assumption also applies to monogamous marriage). But with polyandry (one woman and many husbands) children cannot, in general, know the identity of their male parent (although today DNA testing could come to the rescue). Might that be one small reason among many larger ones explaining why polygyny has been much more common than polyandry? But to allow polygyny but not polyandry would be to discriminate against women.

We need to be careful to distinguish under-age sex, forced marriage, spousal abuse and child abuse from polygamy, itself. These horrible crimes do occur in polygamous marriages – and monogamous ones – and must be dealt with severely. But are we being fair and just in retaining one alternative form of marriage, polygamy, as a crime, when we have legalised another alternative form, gay marriage?

Political motivations

If we were cynical about politicians, we could see the support of gay marriage by some of them as based on getting the social liberal "gay vote" onside and sacrificing the social conservative vote. Legalising polygamy might do the same for the vote of certain ethnic or religious communities at the expense of the social liberal vote (especially that of feminists).

The Canadian Charter of Rights and Freedoms contains a provision that allows Parliament to legislate notwithstanding that the courts have held that a certain law is in breach of Charter rights and is, therefore, constitutionally invalid. That is, Parliament has the ultimate authority and can act contrary to the courts’ rulings on constitutionality. This provision is commonly referred to as the "notwithstanding clause" and its use is a rare and very politically sensitive issue.

In the same-sex marriage debate, advocates of same-sex marriage decried employing the clause to veto same-sex marriage (indeed, its very existence) and the government largely agreed. In fact, with statements such as "the courts have ruled" and "we can’t cherry pick among constitutional rights" -- which using the clause would involve -- the government, taking its cue from Pontius Pilot, employed the inappropriateness of using the clause as a justification for its decision to legalise same-sex marriage. In short, they said this decision has been made for us by the courts and we must comply.

Now, some of the same people who saw use of the "notwithstanding clause" as anathema seem to be arguing that it should be used to continue to prohibit polygamy, were the courts to find that the present prohibition of polygamy is a breach of the Charter right of freedom of religion. In other words, these politically correct people would use the clause to suppress an institution they find abhorrent (polygamy) the prohibition of which transgresses a right they think is of limited importance (freedom of religion), but not an institution they approve (same-sex marriage) which they see as required to condemn discrimination on the basis of sexual orientation.

I don’t agree with either gay marriage or polygamy for exactly the same reason: both prevent marriage from fulfilling its primary goal. It is only when marriage is built on the natural procreative relationship between one man and one woman that it can establish the same reciprocal rights and duties between the married partners (polygamy contravenes this requirement) and between them and their biological children in order to create a family structure in which children know and are reared by their own biological parents (same-sex marriage contravenes this) and can best thrive. Other models of marriage cannot fulfil all these goals.

Margaret Somerville is founding director of the Centre for Medicine, Ethics and Law at McGill University in Montreal.


TOPICS: News/Current Events
KEYWORDS: biology; corevalues; discrimination; experiment; homosexualagenda; homosexuality; marriage; polyandry; polygamy; polygyny; procreation
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1 posted on 09/02/2007 8:35:59 PM PDT by monomaniac
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To: monomaniac
I will point out just to rile the Left, that heterosexual polygamy has biblical sanction. Homosexuality does not. The only reason we've had heterosexual monogamous marriage in the West is due to tradition. But if liberals want to abandon tradition to legitimize perversion, I see no reason why polygamy can't be a legal marriage arrangement. After all, the Left has no valid reason to argue against it.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

2 posted on 09/02/2007 8:41:49 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: monomaniac

Those wives look like they’re about to beat up the hubby just as soon as the photographer leaves the house.


3 posted on 09/02/2007 8:45:24 PM PDT by Tall_Texan (Global warming? Hell, in Texas, we just call that "summer".)
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To: Tall_Texan
Most men find it difficult to take care of one woman. Several would be a challenge! ;-)

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

4 posted on 09/02/2007 8:46:55 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: monomaniac
Hey, I need another wife.

I could use some more nagging.

Running, ducking, laughing.

5 posted on 09/02/2007 8:47:38 PM PDT by SIDENET (Inventor of the 12-hour "power nap".)
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To: Tall_Texan
And I'm sure hubby is absolutely thrilled that he has not one, not two, but THREE mothers-in-law.

Hey, maybe he's boffing them too, and that's why the wives are going to beat him to a pulp, lol
6 posted on 09/02/2007 8:48:21 PM PDT by mkjessup (Jan 20, 2009 - "We Don't Know. Where Rudy Went. Just Glad He's Not. The President. Burma Shave.")
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To: monomaniac
Darn those unintended consequences.

Or was the destruction of the basic civilized unit and ultimately the civilization the intent?

Nah, not that.

7 posted on 09/02/2007 8:49:36 PM PDT by Navy Patriot (Zimbabwe, leftist success story, the envy of Venezuela)
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To: goldstategop

My wife said I could have another just as soon as she gets her Rolls, unlimited credit card and a beachfront condo.........


8 posted on 09/02/2007 8:51:50 PM PDT by Red Badger (ALL that CARBON in ALL that oil & coal was once in the atmospere. We're just putting it back!)
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To: SIDENET

You want equal levels hearing loss in both ears?

Or are you hoping that when you duck the frying pan that gets tossed at you that it hits the other lady?


9 posted on 09/02/2007 8:55:18 PM PDT by Pikachu_Dad
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To: monomaniac

Actually, I would be open to legalize polyamorous relationships. In his book Moon is a Harsh Mistress, Heilein discussed several multipartner format. He made a good case for them under certain circumstances as well.

If we are going to abandon the current monogamous hetrosexual standard, lets at least open it up to more survivable forms and not just gay marriage.


10 posted on 09/02/2007 9:01:51 PM PDT by Starwolf
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To: goldstategop

Thats what I think too.. if gay marriage is legal then so should polygamy.

To play devil’s advocate even without the gay marriage issue, with the breakdown of the family unit in America and Europe I believe we need to let freedom try out some alternatives.

In the UK I was reading 50% of children are growing up with only one parent. And that usually means one mother, who has to work very long to afford the high rent/housing prices.. thus not much time left for parenting. And a very tired, stressed out parent.


11 posted on 09/02/2007 9:02:43 PM PDT by ran20
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To: monomaniac
If we were cynical about politicians, we could see the support of gay marriage by some of them as based on getting the social liberal "gay vote" onside and sacrificing the social conservative vote. Legalising polygamy might do the same for the vote of certain ethnic or religious communities at the expense of the social liberal vote (especially that of feminists).

"...certain ethnic or religious communities..." the Canuckistan Funda-Muzzies, mayhaps? Talk about a cautionary tale.

12 posted on 09/02/2007 9:05:23 PM PDT by pawdoggie
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To: monomaniac

The legalization of gay marriage actually makes a better precedent for adult incest than polygamy. Why should I be able to marry my mother if she’s divorced? Or my father for that matter? Love, legal access to government benefits, protection from testimony, yada yada, all the same reasons given for gay marriage.

Don’t be surprised.


13 posted on 09/02/2007 9:28:19 PM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: monomaniac
Gay marriage supporters scoffed at the “slippery slope” arguments — that it would lead to polygamy. It didn’t take long to prove them wrong (or, more likely deceitful).

Although self-proclaimed “feminist” organizations claim polygamy would hurt women & benefit men — for the most part, the opposite is true. For every man with a second wife, there must be another that does without altogether. There won't be very many men willing to share wives.

Traditional marriage has been a cornerstone of society. Gay marriage and polygamy will prove to be very disruptive.

14 posted on 09/02/2007 9:29:07 PM PDT by USFRIENDINVICTORIA
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To: Tall_Texan
Those wives look like they’re about to beat up the hubby just as soon as the photographer leaves the house.

Just FYI (since it does not appear to be mentioned in any post on on the thread), that is a shot from HBO's "Big Love".

15 posted on 09/02/2007 9:44:33 PM PDT by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: monomaniac

Are you sure the one on the far right is not a man?


16 posted on 09/02/2007 9:47:44 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: goldstategop

Why would you use biblical sanction to prohibit or allow anything? The law is not your religious perogative?


17 posted on 09/02/2007 9:49:46 PM PDT by pierstroll
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To: goldstategop
Not really.

Over time you will see what has happened in countries where it is legal - the end result is that not every man will be able to get married.

Rich and powerful men who has the means to take care of multiple wives will secure the young eligible women who are in their child-rearing years leaving behind the older unwanted women for the poor and uneducated.

18 posted on 09/02/2007 9:58:46 PM PDT by expatguy (Support Conservative Blogging - "An American Expat in Southeast Asia")
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To: goldstategop

Polygamy in the Bible always met with disaterous results. Even Solomon was corrupted bt his many wives.

That why is Paul wrote.

1 Timothy 3:12
A deacon must be the husband of but one wife and must manage his children and his household well

Titus 1:6
An elder must be blameless, the husband of but one wife, a man whose children believe and are not open to the charge of being wild and disobedient.

Ephesians 5:33
33However, each one of you also must love his wife as he loves himself, and the wife must respect her husband.

Furthermore God only provided Adam with one wife

Genesis 2
But for Adam [h] no suitable helper was found. 21 So the LORD God caused the man to fall into a deep sleep; and while he was sleeping, he took one of the man’s ribs [i] and closed up the place with flesh. 22 Then the LORD God made a woman from the rib [j] he had taken out of the man, and he brought her to the man.

23 The man said,
“This is now bone of my bones
and flesh of my flesh;
she shall be called ‘woman, [k] ‘
for she was taken out of man.”

24 For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh.


19 posted on 09/02/2007 10:04:36 PM PDT by Boiler Plate ("Why be difficult, when with a little more effort you can be impossible." - Mom)
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To: goldstategop

Read in the NT what Christ says about marriage. Read what the qualifications for leaders of the church are. Read Genesis and God’s design for marriage is. Man warped it and turned it into a bunch of different things. Originally it was one man, one woman, for life.

Marriage is symbolic of the union of Christ and His Church. Christ being the husband who gives His life for the church and being the head of the church, the church being the Bride of Christ and co-heirs of eternity with Christ. There is only one church, the church universal, made up of all believers who believe the Gospel message. One savior, one husband, one Universal church, one bride of Christ.


20 posted on 09/02/2007 10:08:10 PM PDT by Secret Agent Man
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