Nonstopdrivel
14 years ago

Can polygamy be banned? 
Last Updated: Monday, January 24, 2011 | 10:53 AM ET By Daniel Lak, CBC News
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Section 293 of the Criminal Code of Canada explicitly bans polygamy and threatens offenders with a five-year prison term. Bigamy is named as a similarly serious crime in Section 290.

So in Canada, having more than one spouse can get you in trouble, right? Well, not on the face of it. There hasn't been a successful prosecution for polygamy in Canada for more than 60 years. Nor are statistics kept on how many Canadians live in polygamous marriages, a broad category that covers both men and women with multiple spouses.

[img_r]http://www.cbc.ca/news/background/polygamy/gfx/489996.jpg[/img_r]Anti-polygamy laws arose in Canada out of objections to the lifestyle of early members of the Church of Jesus Christ of Latter Day Saints, the Mormons. The first Mormons came here from the United States in 1888, just two years before their church finally ended the controversial practice of male devotees taking multiple wives.

Sir John A. Macdonald was Canada's prime minister at the time, and his government actively sought out religious groups to settle the country opened up by the newly built Canadian Pacific railroad. But Sir John A. told the head of Canada's first Mormon colony, Charles Card, that he wanted no truck with polygamy. In 1890, as mainstream and dissenting Mormons who still favoured multiple spouses settled on the Prairies, Canada passed its first laws against polygamy. They were, if you like, Mormon-specific.

In fact, until the 1950s, the Criminal Code prohibition on marrying more than one spouse mentioned Mormons in the text. Nowadays, Section 293 isn't aimed at any particular group, just those who "practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time."

Some say that could even enable prosecution of so-called "polyamorist" relationships, three or more consenting adults who have conjugal ties and live together as a lifestyle choice. Adultery or open marriages, where spouses permit each other to have sex outside their union, might also come under the legislation.

Polygamy comes to Canada

Such situations have not attracted prosecutions, but as religions and cultures where some degree of polygamy is tolerated come to Canada, the relevance of Section 293 is growing. Some Muslims believe the Qur'an permits a man to have up to four wives, but only under certain, fairly strict conditions. In parts of Africa, men take multiple spouses as a cultural practice. Canadian immigration officials have turned down applications from men in legal polygamous unions abroad to bring more than one wife to the country under a family class visa. Also, there have been hundreds of refugee claims by women from such cultures who claim abuse and coercion in forced multiple marriages.

Yet the situation among members of the breakaway Mormon sect in Bountiful, B.C., is what concerns legal scholars and authorities most at the moment.

[img_r]http://www.cbc.ca/gfx/images/news/photos/2009/01/08/bc-090107-cp-bountiful-blackmore.jpg[/img_r]There are those who say governments need to act, to lay charges against men in Bountiful who have openly engaged in polygamy. The Fundamentalist Church of Jesus Christ of Latter Day Saints in that B.C. town has strong ties to the polygamous sect in Eldorado, Texas, where hundreds of children are alleged to have been abused and women as young as 14 alleged to be married to much older men.

Others say police action or prosecutions aimed at people in Bountiful would risk violating protection of rights to religion, association and liberty under the Charter of Rights and Freedoms. Such a charter challenge would be long, costly and divisive, lawyers warn.

There's also a third point of view: refer the polygamy law to Canada's higher courts before sending the police into Bountiful. That recommendation came from senior Vancouver lawyer Leonard Doust. Attorney General Wally Oppal of British Columbia had asked for Doust's opinion and wasn't happy when he got it.

"It's no secret that I favoured a more aggressive approach to this," Oppal said, talking about the pressure he felt to end uncertainty about the situation in Bountiful.

In January 2009, the two rival leaders of the Bountiful sect were charged with practising polygamy. Oppal said the arrests were the culmination of an intensive, seven-month assessment by special prosecutor Terrence Robertson.

"I am pleased a prosecution will be proceeding, as it will provide legal clarity as to the constitutionality of Section 293 of the Criminal Code," Oppal said.

Those charges were later tossed out, prompting the province to launch a constitutional reference before the B.C. Supreme Court.

Equality trumps social unease

In 2005, then-prime minister Paul Martin's Liberal government commissioned a series of reports on Canada's polygamy laws and whether to update them or get rid of them altogether. Inevitably, opinions were mixed.

[img_r]http://www.cbc.ca/news/background/polygamy/gfx/4697147.jpg[/img_r]One report, deemed controversial by commentators on the right, called for Section 293 to be struck from the Criminal Code. One of the authors of that was Queen's University law professor Beverley Baines, who said anti-polygamy laws actually helped enable abuse in closed, religious communities such as the one in Bountiful.

"That's why I'm calling for it [polygamy] to be de-criminalized," Baines told CBC.ca news, "so we can concentrate on weeding out abuse and helping women and children in trouble."

Daphne Bramham, author of The Secret Lives of Saints about the situation in Bountiful, says the authorities need to get a lot tougher with polygamists and start prosecuting people, whatever the legal implications.

"Polygamy is inherently abusive," Bramham says. "It's all about equity, and there's no equity in a polygamous marriage."

That, at the end of day, is what the issue has become, one of equality between men and women. In today's Canada, that's seen as far more important than society's disgust with polygamy per se. What remains to be seen is whether prosecutors and governments have the legal tools they need to enforce the standards that prevail in much of this country.



I find the statement that polygamy is "inherently abusive" so incredibly misogynistic. But of course, it makes sense. It was uttered by an outspoken feminist, and no one hates women more than a feminist.
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Nonstopdrivel
14 years ago

January 11, 2011
Canadian Court Elevates Gay Rights over Religious Freedom
 
by CitizenLink Staff

The Saskatchewan Appeal Court ruled Monday that marriage commissioners must perform same-sex marriage ceremonies even if they conflict with their deeply held religious beliefs.

The case stems from 2005, when commissioner Orville Nichols, a Baptist, refused to marry a same-sex couple because it ran counter to his religious beliefs. Two alternative new laws protecting conscience rights of marriage commissioners went before the Canadian court for a preliminary opinion as to their constitutionality.

The court said either law would violate the equality rights of gay and lesbian individuals, saying they overlook, or inappropriately discount, the importance of the impact on gay or lesbian couples of being told by a marriage commissioner that he or she will not solemnize a same-sex union.

Bruce Hausknecht, judicial analyst for CitizenLink, said the decision is a chilling reminder of what will happen in the U.S. if courts are allowed to continue to redefine marriage.

This ruling pits a particularly secular view of equality against religious freedom, and religious freedom ends up the loser, he said. This court emphasized the hurt feelings of homosexuals if people of faith were permitted to act according to their beliefs, but never considers or doesnt care about the hurt feelings and loss of religious freedom caused by this decision.

To the people who ask What is the harm? of allowing gay marriage in the U.S., I would point to the loss of religious freedom were seeing in Canada right now.



I say that in this case the Christians are getting exactly what they deserve. I have been warning about this for years. In appealing to the government to ban gay marriage, Christians made a huge strategic and tactical mistake. I am continually astonished that they are blind to it. By giving the government the power to define marriage as they wanted, they also gave the government the power to force them to perform other forms of marriage they do not want. Religious people should have been at the forefront of the movement to keep the government entirely out of the marriage business. That way, if churches want to refuse to perform certain kinds of marriage, they would have retained the sovereignty to do so. As it is, by requesting government intervention in this area, they no longer have a leg to stand on when the government changes its mind.

Now, obviously, this situation is slightly different because the officiant is a government employee, not a clergyman, but the overall principle applies.

I am going to be taking great delight in the schadenfreude that will accrue as "evangelical Christians" gradually begin to reap the bitter harvest they have sown -- and, believe me, it is coming. I am sure God himself is chuckling at the irony of it all.
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Porforis
14 years ago
Most people are shocked to hear some of the opinions that come out of my mouth, me being (Technically, close enough) a Catholic and all. I just tend to keep my political and religious opinions separate when possible and try not to judge people. After all, I'm not exactly sin-free myself.

Anyways, polygamy. I don't think the government should ever accept more than two people in a legal marriage (lol taxes) but polygamy a crime? It's 2011, in every case where I've seen a polygamist that needs his ass arrested said polygamist is easily charged with other crimes as well. Polygamy from a personal perspective? I wouldn't be able to carry on a healthy emotional relationship with two people, not to say that others couldn't. Legally? If it's not hurting anyone, let them be.
Wade
  • Wade
  • Veteran Member
14 years ago
I have no problems with alternative forms of marriage. I can't imagine engaging in them -- heck, I'm getting old enough that I'm having trouble imagining even the ordinary kind of marriage -- but I see no inherent problem in them.

I do think that, as practiced by certain religious sects (e.g. more fundamentalist Morman/Amish/etc groups), there is real potential for abuse. And yes, that abuse tends to be of women. But it isn't the polygamy that is abusive; it is the theology and personal practices of the people justifying it.
And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
vikesrule
14 years ago

I say that in this case the Christians are getting exactly what they deserve. I have been warning about this for years. In appealing to the government to ban gay marriage, Christians made a huge strategic and tactical mistake. I am continually astonished that they are blind to it. By giving the government the power to define marriage as they wanted, they also gave the government the power to force them to perform other forms of marriage they do not want. Religious people should have been at the forefront of the movement to keep the government entirely out of the marriage business. That way, if churches want to refuse to perform certain kinds of marriage, they would have retained the sovereignty to do so. As it is, by requesting government intervention in this area, they no longer have a leg to stand on when the government changes its mind.

Now, obviously, this situation is slightly different because the officiant is a government employee, not a clergyman, but the overall principle applies.

I am going to be taking great delight in the schadenfreude that will accrue as "evangelical Christians" gradually begin to reap the bitter harvest they have sown -- and, believe me, it is coming. I am sure God himself is chuckling at the irony of it all.

"Nonstopdrivel" wrote:



I find your future pleasure derived from the misfortunes of others somewhat sad.

In the case that you cited above, the Canadian marriage commissioner is a public official empowered by law to perform civil marriages and civil unions. Keyword being Civil.
And as such is required by law, no matter his/her religious beliefs, to perform civil ceremonies.

..."the overall principle" as you put it, is not similar to any religious groups freedom to govern their own rules in any way, shape or form.
C'mon, do you really believe that the US (or Canadian government) is going to even attempt passing a law that would mandate who/whom any religious organization can or can not marry?
Civil yes....religious, not going to happen.

For someone that values individual freedoms, your comments are somewhat contrary in nature.
You seem to imply that "evangelical Christians" should not be allowed their beliefs.

What is your definition of an "Evangelical Christian" NSD?

Everyone has the right to their own beliefs. You and I may or may not agree, but we each have the right to our own thoughts/beliefs.

For example, take a married couple that has an "open marriage". They think that having sexual relations outside the marriage is fine.
As long as that is what they both think/want, fine. They have that right to do as they desire.
However, I have the same right/freedom to believe that not only is that religiously and morally wrong, but actually quite disgusting.


Still, considering your obvious disdain of religion, I am impressed with your"intimate knowledge" of God's moods.
vegOmatic
14 years ago

I say that in this case the Christians are getting exactly what they deserve.

"Nonstopdrivel" wrote:



That would make sense if it were true. The fact is, gay marriage (in the United States) only has about 40% of the population in favor. This is across most demographics. A bill has never been introduced in Washington because it wouldn't get past the Democrats let alone Republicans.

It's an error to assume it's Christians alone that are a barrier to such a notion. But there are indeed a strong force within the issue.
blank
porky88
14 years ago

I say that in this case the Christians are getting exactly what they deserve.

"vegOmatic" wrote:



That would make sense if it were true. The fact is, gay marriage (in the United States) only has about 40% of the population in favor. This is across most demographics. A bill has never been introduced in Washington because it wouldn't get past the Democrats let alone Republicans.

It's an error to assume it's Christians alone that are a barrier to such a notion. But there are indeed a strong force within the issue.

"Nonstopdrivel" wrote:



Maybe five years ago, but most polls are starting show a shift. I think three of the last polls I have seen had support for gay marriage around or over 50%. Still a polarizing number, but eventually gay marriage is going to be accepted. It's not a matter of if as much as it is when.
zombieslayer
14 years ago
"I don't do gonadal politics."

-Ralph Nader

Check the 10th Amendment. I'm thinking that any of this stuff should be decided by the states, definitely not federal.
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Nonstopdrivel
14 years ago
Zombieslayer hit the nail on the head.

I have no interest in smoking (I find the practice revolting), yet I support smokers' rights.

I have no interest in doing drugs (I tend to dislike most of the drug users I know), yet I support the decriminalization of drugs.

I have no interest in engaging in homosexual behavior (I find most gays I know rather annoying), yet I support gay rights.

And long before I had a vested (or even theoretical) interest in polygamy, I supported polygamy rights.

Why? Because I cherish my own liberties, and history tells me that when governments deem the rights of others to be dispensable, they usually end up finding an excuse to take away my liberties too.

That goes for governments run by "people of faith" too. History shows that governments run by "evangelical Christians" can be just as tyrannical as any of the atheistic totalitarian regimes of Lenin, Stalin, Mao, or Pol Pot. Thomas Jefferson was fond of pointing out, there has never been a theocracy in which the people enjoyed true personal freedom. If anything, it is the people with good intentions who make me more nervous than the ones who are outspokenly inimical to liberty. In the words of Justice Louis Dembitz Brandeis, in his dissenting opinion from Olmstead v. United States, 277 U.S. 438, 479 (1928):

Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.



We have been the victims of many "insidious encroachments" in recent decades. And the scary thing is, by and large we have embraced them.
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Nonstopdrivel
14 years ago

I don't think the government should ever accept more than two people in a legal marriage (lol taxes)

"Porforis" wrote:



I do not understand this argument, nor its close cousin: "But what about insurance?" It makes no sense. Does an insurance company have a harder time figuring out how to insure a company that has 500 employes than one that has only 5? Do insurance companies find it more complicated to insure a family with 4 cars versus only one car? More to the point, do insurance companies find it harder to insure families with 10 kids versus 2? My father had 10 kids and we always had insurance. Why would it be more difficult to insure (or tax) 2 wives or 3 husbands? And that is not even getting into the issue of tax advantages for marriage, which I don't think should exist to begin with. The government should not be in the business of subsidizing families, whether through tax credits, tax deductions, or more overt forms of welfare. There is no reason why married couples should have advantages over singles before the law. And even if they should, other countries seem to be able to handle the paperwork of plural marriages just fine.

And seriously, is the paperwork for a plural marriage really more complicated than that required to keep track of the intricate relationships involved in the blended families that are so common these days? I know a college student here whose parents have both been married multiple times and who consequently has 9 siblings, only one of which is a full biological sibling. If the government can manage to keep such a bizarre situation straight, why couldn't it keep track of a family with multiple spouses that actually stayed together? That is what actuaries and bean counters are for.

C'mon, do you really believe that the US (or Canadian government) is going to even attempt passing a law that would mandate who/whom any religious organization can or can not marry?

"vikesrule" wrote:



Is it really such a stretch? The government already has: It says (in most states) that gays cannot marry. It says that more than two people cannot marry. In the past, it was illegal in many, if not all, jurisdictions for blacks to marry whites. In some jurisdictions it was legally impossible for slaves even to marry each other. For that matter, in some states a young person can get married at 14, in others it's not allowed until the age of 16 or 17, and still others one must wait until 18. The government has long been in the business of saying who can and who cannot marry.

You seem to imply that "evangelical Christians" should not be allowed their beliefs.

"vikesrule" wrote:



I imply nothing of the sort. I state pretty clearly that by ceding sovereignty over these matters, which should be the purview of religion alone, to the state, the churches are endangering their ability to practice their beliefs. I unquestionably do believe that churches should have the absolute right to decide whom they will and will not marry. If a church holds a sincere belief that it is wrong for two men, three women, or a man and six women to marry, it should without question be able to practice that belief. But in lobbying for laws that mandate one-man-one-woman, the churches are implicitly handing over the authority over that decision to the state. Sure, the state seems beneficent now, but the tides of politics come and go. There is no reason not to believe that a future regime might reverse its stance and mandate that churches perform gay marriages in order to keep their 501(c)(3) tax-exempt statuses.

What is your definition of an "Evangelical Christian" NSD?

"vikesrule" wrote:



Whoever labels himself an "Evangelical Christian." Yes, I know other groups (like the Catholic Church) are in the anti-polygamy camp, but it is evangelical Christians who are the most outspoken and politically active.

You and I may or may not agree, but we each have the right to our own thoughts/beliefs.

"vikesrule" wrote:



Indeed, and as I have stated very clearly, that is precisely why I consider lobbying for government-mandated monogamy is a tactical mistake. It is bringing the government into an area that rightfully belongs to the people and (if applicable) their God.

Furthermore, having the right to one's own belief is not the same as having the right to legislate that belief onto others. By legislating heterosexual monogamy, Christians have denied those who might want to practice other beliefs the chance to do so.

I believe that convictions, thoughts, and practices should co-exist on the common market. If they are worthwhile, they will appreciate in value; if they are not, they will diminish. Monogamy advocates militate against polygamy and homosexuality as though they are so appealing that were access granted, most people would not have the self-control to resist them (which is a peculiar notion to say the least). The fact is, both homosexuality and polygamy are fringe lifestyles that, even if they were entirely legalized, would only be practiced by a very small proportion of the population, as the examples of the Netherlands and Belgium have proven.

The only reason it remains politically expedient to keep homosexuality and polygamy illegal is because they are practiced by such small minorities -- groups that happened not to be liked by the majority.

considering your obvious disdain of religion,



I strongly object to this statement. Having disdain for certain practitioners of a religion is not the same as disdaining the religion. Though I freely confess that I resent having to hide my life from my own Church, simply due to an interpretation of morality that the Church itself admits is not based anywhere in the Bible (indeed, as at least one prominent Catholic author has admitted, the Bible rather tacitly supports it) but is based solely on Holy Tradition and more more or less Roman ideals of romanticism. If the Church could actually provide a solid biblical basis for its objections, it would be a totally different matter.

That would make sense if it were true. The fact is, gay marriage (in the United States) only has about 40% of the population in favor. This is across most demographics. A bill has never been introduced in Washington because it wouldn't get past the Democrats let alone Republicans.

"vegomatic" wrote:



I am not sure what your point is. Most Americans claim to be pro-life, yet abortion remains very legal over 40 years later. Most Americans also claim to be opposed to Obama's healthcare plan, yet it is still in effect. Just because a majority of Americans claim to believe one way or the other doesn't mean the laws will reflect that. Laws are often passed to appease the loudest interest groups, not necessarily to benefit the majority opinion.

It's an error to assume it's Christians alone that are a barrier to such a notion. But there are indeed a strong force within the issue.

"vegOmatic" wrote:



I never said I assume that. I hold the most resentment against the Christian community because they tend to be the most outspoken in the imposition of their morality on others, and because that was the community in which I was raised (and in which I still live and thus must practice a double life). On this issue, fundamentalist and evangelical Christians happen to be aligned not only with radical feminists, but also (ironically enough) with a lot of gay-rights advocates, who have realized that it is not politically expedient for their cause to come out in favor of other alternative lifestyles and thus loudly proclaim that they want to be good little monogamists every time their opponents point out that after legalizing gay marriage, there is no logical reason not to legalize polygamy.
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