Case For Legalizing Polygamy
Is There a Case for Legalizing Polygamy?
1. For a long time I have found the practice of polygamy intriguing, and have wondered why opposition to this form of marriage is so strong in the United States and most of the world see my A Treatise on the Family, 1981,1993, Harvard University Press. I have been reflecting on this subject again as a result of the arrest several months ago of a fundamentalist Mormon leader in Utah who was charged with practicing polygamy, among other things. The Mormon Church since the 1890's had suspended the practice of polygamy under pressure from the United States Government. The act of having more than one spouse is now a felony in Utah, punishable by up to 5 years in prison, although authorities usually do not …show more content…
Women were indeed exploited in many monogamous and polygynist traditional societies, when they were frequently forced to marry men that they did not want to.
That hardly describes the situation these days in the United States, the rest of the developed world, and much of the developing world. Women choose their partners, and refuse to marry men who they do not want to marry, regardless of their parents' feelings or the ardor of suitors. In this world, a woman would not have to enter into a polygamist household if she would not want to. Would-be polygamist men would have to persuade second or third wives that it is worth it, because of their wealth, good looks, kindness, or in other ways. If she is willing to become an additional wife, why should laws prevent that?
What about a first wife who suddenly finds out that her husband is planning on taking additional wives? She could divorce him, share their property, and receive child support for any children they have in virtually all states without having to prove any fault on his part. Moreover, she could write a contract before marriage stipulating that he cannot take additional wives. The contract could provide for damages In the event of a divorce due such a violation of the contract. Judges would surely take that into account in distributing property, custody …show more content…
If that were a great concern, women could be required to be older before they could legally marry into polygamist households, or a cooling off period could be mandated before they could do that. Yet isn't it offensively patronizing to women to believe they cannot make their own decisions about whether to enter into marriages that contain other wives? We do not offer men any special protections against the wiles of women, so why do women need such protection? Indeed, I believe that in marital decisions women are more thoughtful and far-sighted than men, partly because marriage has meant much more to women than to
1. For a long time I have found the practice of polygamy intriguing, and have wondered why opposition to this form of marriage is so strong in the United States and most of the world see my A Treatise on the Family, 1981,1993, Harvard University Press. I have been reflecting on this subject again as a result of the arrest several months ago of a fundamentalist Mormon leader in Utah who was charged with practicing polygamy, among other things. The Mormon Church since the 1890's had suspended the practice of polygamy under pressure from the United States Government. The act of having more than one spouse is now a felony in Utah, punishable by up to 5 years in prison, although authorities usually do not …show more content…
Women were indeed exploited in many monogamous and polygynist traditional societies, when they were frequently forced to marry men that they did not want to.
That hardly describes the situation these days in the United States, the rest of the developed world, and much of the developing world. Women choose their partners, and refuse to marry men who they do not want to marry, regardless of their parents' feelings or the ardor of suitors. In this world, a woman would not have to enter into a polygamist household if she would not want to. Would-be polygamist men would have to persuade second or third wives that it is worth it, because of their wealth, good looks, kindness, or in other ways. If she is willing to become an additional wife, why should laws prevent that?
What about a first wife who suddenly finds out that her husband is planning on taking additional wives? She could divorce him, share their property, and receive child support for any children they have in virtually all states without having to prove any fault on his part. Moreover, she could write a contract before marriage stipulating that he cannot take additional wives. The contract could provide for damages In the event of a divorce due such a violation of the contract. Judges would surely take that into account in distributing property, custody …show more content…
If that were a great concern, women could be required to be older before they could legally marry into polygamist households, or a cooling off period could be mandated before they could do that. Yet isn't it offensively patronizing to women to believe they cannot make their own decisions about whether to enter into marriages that contain other wives? We do not offer men any special protections against the wiles of women, so why do women need such protection? Indeed, I believe that in marital decisions women are more thoughtful and far-sighted than men, partly because marriage has meant much more to women than to