Facing Family Change: Children's Circumstances, Strategies And

Total Page:16

File Type:pdf, Size:1020Kb

Facing Family Change: Children's Circumstances, Strategies And Facing family change Children’s circumstances, strategies and resources Amanda Wade and Carol Smart The Joseph Rowntree Foundation has supported this project as part of its programme of research and innovative development projects, which it hopes will be of value to policy makers, practitioners and service users. The facts presented and views expressed in this report are, however, those of the authors and not necessarily those of the Foundation. Amanda Wade is Senior Research Fellow at the University of Leeds, and Carol Smart is Professor of Sociology, and Director of the Centre for Research on Family, Kinship and Childhood, University of Leeds © Joseph Rowntree Foundation 2002 All rights reserved. Published for the Joseph Rowntree Foundation by YPS ISBN 1 84263 077 6 (paperback) ISBN 1 84263 084 9 (pdf: available at www.jrf.org.uk) Cover design by Adkins Design Prepared and printed by: York Publishing Services Ltd 64 Hallfield Road Layerthorpe York YO31 7ZQ Tel: 01904 430033; Fax: 01904 430868; E-mail: [email protected] Contents Page Acknowledgements iv 1 Introduction 1 Aims, objectives and design of the study 1 The study findings 3 2 The children and their families 4 Aggregated families 4 Divorced families 6 Meshed families 7 Diasporic families 8 Conclusion 9 3 Relationships that matter 11 Committed relationships with both parents 11 Diminished commitment 12 Absent parents 14 Commitment and contact 16 4Emotional coping 18 Can children manage their own feelings? 18 Coping strategies 19 Active or unaware? 22 5Managing with the help of friends 24 Help from parents 24 Help from friends 25 Defusing tension with practical help 28 6 The role of schools 30 Privacy and primary schools 30 Talking to teachers 31 Whole-class activities and support 33 Supporting children at school 34 7 Participation and support 36 Extending participation 37 Counselling 38 8 Issues for policy and practice 42 Notes 45 References 46 Appendix: Research methods and sampling procedure 49 Acknowledgements We should like to thank everyone who contributed have been invaluable. Susan Taylor of the Joseph to this study. In particular, our thanks go to all the Rowntree Foundation has offered us unobtrusive children who took part, especially those who guidance throughout, and we have especially shared their own experiences with us, and who appreciated her thoughtful comments during the were sometimes interviewed in circumstances that production of this report. Thanks, also, to the were not ideal. Their enthusiasm for the project, Joseph Rowntree Foundation which, by providing and determination to express their views, proved a the funding, made the whole enterprise possible. powerful incentive to us. Thanks, too, to the head All the names given to the children in the report and class teachers who welcomed us into their are inventions. To protect their anonymity, each schools, the parents who gave permission for their child chose a fictitious name. As children opted for children to take part and the practitioners who so names that appealed to them, they do not always readily discussed their work with us. reflect ethnicity (although in most instances they We would also like to mention the members of do). our Advisory Group, whose expertise and support iv 1 Introduction Increases in the rate of family ‘breakdown’ have means of support during times of family change. generated widespread concern about the ‘harm’ We focused on children aged between five and ten which this does to children. Until recently, research years as they are under-represented in what has focused almost exclusively on investigating the research there is on children’s perspectives on effects of parental separation on children’s social, divorce. The study was carried out in four stages, emotional and behavioural development, and its the first two of which were conducted in four implications for their future well-being (Rodgers primary schools, where our main sample and Pryor, 1998). Although large-scale studies now population was recruited. indicate that a majority of children cope reasonably • In the first stage of the study, we explored the well with family reordering and continue to views of all the children in Year 2 (aged six to function in the normal range (Joshi, 2000; seven years) and Year 5 (aged nine to ten Hetherington and Kelly, 2002), there has remained years) of the four schools, irrespective of considerable anxiety about the upset and distress their family circumstances. Our objective was which might be caused by talking about this issue to familiarise ourselves with their ideas with children themselves. Researchers have about what it would be like to live through a preferred to collect their data indirectly, relying on parental separation; in particular, what its reports from parents, teachers and clinicians, or challenges might be and how these might be administering standardised tests. Parents, too, have dealt with. The children were interviewed in been reluctant to see their children involved small focus groups where issues were directly in research (Smart et al., 2001). As a result, explored from a generalised or hypothetical there have been few studies which have looked at perspective. No attempt was made to explore family reordering from children’s own perspectives children’s personal experiences during this (Pryor and Rodgers, 2001). Moreover, children have stage. remained locked in a construction of family change which situates them as passive victims who neither •We then moved on, during the second stage, to act upon nor influence their circumstances. Current conduct individual interviews with children developments in the social study of childhood are, with some experience of a separation. We however, challenging these ideas (James and Prout, deliberately did not say that we wanted to 1997; Smart et al., 2001). By showing that children talk to children whose parents had divorced are active social agents, capable of thinking for because we wanted to find out how relevant themselves, sociology is making it possible for us to ‘divorce’ is in terms of the reality of look at children in new ways and is opening up children’s lives. By defining separation as research into children’s views of their lives, meaning parents who have ‘split up’ or who including their experiences of separation and live apart, we hoped to capture a divorce. As a contribution to these developments, representative range of experiences. The this study explores the perspectives of five- to ten- objective of this second stage was to explore year-old children on managing the family changes the children’s perceptions of the family which accompany a parental separation. transitions which they had lived through, and to discover whether they had wanted, or received, any help in adjusting to the Aims, objectives and design of the study changes which they experienced. Among Our aim was to listen to children’s views on other things, we sought their views on parental separation and to discover their preferred formal and informal support, notably the 1 Facing family change parts which can be played by other family different life chances, or what might be called members and friends, by schools, and by differential access to cultural capital (Coleman, organisations such as Family Mediation or 1988). Thus Elm Hill was located in a small thriving the Family Court Welfare Service (now part market town which was closely bordered by fields of CAFCASS – the Children and Family and farms. This was the largest of our schools with Court Advisory and Support Service). 368 pupils on roll. The area was one of low density of minority ethnic families (99 per cent white) and • The third stage of the study was designed to with low divorce rates compared with more urban supplement Stage Two. We anticipated that regions in Yorkshire. Housing composition in the many parents of children interviewed in area was almost exclusively owner-occupied (80 school would have negotiated the terms of per cent) with hardly any social housing (15 per their separation informally without recourse cent) and virtually no private rented sector. It could to mediation, or there being any necessity for be called middle England – except that it was in the a welfare report. As we wanted to ensure North. We hypothesised that relatively few children that we spoke to some children whose views from this school would have experienced divorce. on their parents’ separation had been sought In such a situation, children might find it hard to for legal purposes, or who had been referred come from what might be perceived as a ‘broken for professional help in adjusting to them home’ and they might find that few of their friends living apart, we recruited (with the help of had similar experiences. We were interested outside organisations) a small community- therefore to discover how the children managed the based sub-sample of eight children. transition their family was going through and what • The fourth stage of the study was designed to resources they could draw upon in the cultural enable us to contextualise the study findings. milieu of their school. We visited 12 projects set up by the Family We selected Woodforde school with the same Court Welfare Service, Family Mediation and principles in mind but in this instance we sought a voluntary organisations. These were all school with a clear sense of community and innovative schemes but differed considerably religious adherence. We chose a Jewish school in a in their emphasis and focus, allowing us to pleasant suburb of a large city. Here, too, we were review child mediation schemes, information interested in the cultural milieu of the school and workshops, support groups and individual the extent to which it might (or might not) provide counselling, and to discuss a range of a supportive context in which divorce and other working practices.
Recommended publications
  • SN 5900 Gay and Lesbian 'Marriage': an Exploration of the Meanings and Significance of Legitimating Same Sex Relationships, 2003-2006 Depositor: Smart, C
    UK Data Archive Study Number 5900 Gay and Lesbian 'Marriage': an Exploration of the Meanings and Significance of Legitimating Same Sex Relationships, 2003-2006 USER GUIDE How did you get here? Narratives of lived experience • How did you get together? • When did you first think about having a ceremony? • What are the advantages and disadvantages of the option you’ve chosen? (link to standpoint) • What made you decide to have some kind of ceremony? • Are you both of the same mind? Tell me about the ceremony • Did you have a ceremony? If not, why not? • How did it happen? •Vows • Rings • Readings • Photos / Videos - outfits • Order of service • Who was involved? • Who played what role in the ceremony? Nature of the relationship • Did either of you propose? • Romance / love •Commitment • Is your ceremony about love and romance? •Security • So, how would you describe your relationship? • Do you hold hands in public? • Does this depend on where you are? Why? • How open are you about your relationship in your local area? Finance and Legal • How do you organise your finances? • Were your finances a factor in deciding to register your partnership? • Have you made any legal provisions of any sort? • Have you considered what would happen if you separate? (CP would require a legal separation) • Looking far into the future, have you talked about / do you talk about what will happen when one of you dies? • Wills, guardianship, ownership of property, pension, living wills Recognition • Do you think the ceremony offers recognition? •Family •Social •
    [Show full text]
  • Table of Contents
    CONTENTS Acknowledgements v Contributors ix Introduction 1 MAVIS MACLEAN Part I Framing Family Law 1 Personal Obligations JOHN EEKELAAR 9 2 Basic Values and Family Law in Recent Judgments of the Federal Constitutional Court of Germany WOLFGANG VOEGELI 27 3 Family Values, Friendship Values: Opposition or Continuity? MALGORZATA FUSZARA and JACEK KURCZEWSKI 45 4 The Changing Context for the Obligation to Care and to Earn JANE LEWIS 59 Part II Regulating New Forms of Relationship Between Adults and Children 5 Changing Ways, New Technologies and the Devaluation of the Genetic Connection to Children JULIE SHAPIRO 81 6 Can Co-Parenting be Enforced? Family Law Reform and Family Life in France LAURA CARDIA VONÈCHE and BENOIT BASTARD 95 7 Supporting Conflicted Post-Divorce Parenting KATRIN MUELLER-JOHNSON 107 8 Litigation in the Shadow of Mediation: Supporting Children in Sweden JOHANNA SCHIRATZKI 123 9 Changing Commitments: A Study of Close Kin after Divorce in England CAROL SMART 137 Part III Regulating New Forms of Relationships Between Adults 10 Targeting the Exclusionary Impact of Family Law LISA GLENNON 157 11 Registered Partnerships for Same-Sex Couples in Switzerland: Constructing a New Model of Family Relationships MICHELLE COTTIER 181 viii Contents 12 Same-Sex Relationships in Italy VALERIA MAZZOTTA 201 13 Cohabitation: The Ideological Debate in Spain TERESA PICONTÓ NOVALES 221 Part IV. A Regulating the Relationships Between Adult Children and Elderly Parents 14 Maintenance of the Aged by their Adult Children: an Adequate Legal Institution? JEAN VAN HOUTTE and JEF BREDA 243 15 Obligations of Grown-Up Children to their Elderly Parents: Bulgarian Legislation and Practice VELINA TODOROVA 257 Part IV.
    [Show full text]
  • Looking for Love in the Legal Discourse of Marriage
    Looking for Love in the Legal Discourse of Marriage Looking for Love in the Legal Discourse of Marriage Renata Grossi Published by ANU Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://press.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Author: Grossi, Renata, author. Title: Looking for love in the legal discourse of marriage / Renata Grossi. ISBN: 9781925021790 (paperback) 9781925021820 (ebook) Subjects: Marriage. Love. Marriage law. Husband and wife. Same-sex marriage. Dewey Number: 306.872 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Nic Welbourn and layout by ANU Press Cover image: Ali and David asleep 12.01am-12.31 from the Journey to Morning Series by Blaide Lallemand and Hilary Cuerden-Clifford. Printed by Griffin Press This edition © 2014 ANU Press Contents Acknowledgements . vii Introduction . 1 Framing the Questions of the Book . 3 The Importance of Law and Emotion Scholarship . 3 The Meaning of Love . 9 Outline of the Book . 15 1. Love and Marriage . 17 Introduction . 17 The Common Law of Marriage . 17 Nineteenth-Century Reform . 21 Twentieth-Century Reform . 23 The Meanings of Marriage: Holy Estate, Oppressive Patriarchy, Equal Love . 26 Consequences of the Love Marriage (The Feminist Critique of Love) . 31 Conclusion . 37 2. The Diminishing Significance of Sexual Intercourse . 39 Introduction . 39 The Old Discourse of Sex and Marriage .
    [Show full text]
  • The Power of Feminist Judgments? Feminist Legal Studies, 20 (2)
    Kent Academic Repository Full text document (pdf) Citation for published version Hunter, Rosemary (2012) The Power of Feminist Judgments? Feminist Legal Studies, 20 (2). pp. 135-148. ISSN 0966-3622. DOI https://doi.org/10.1007/s10691-012-9202-0 Link to record in KAR http://kar.kent.ac.uk/35675/ Document Version Author's Accepted Manuscript Copyright & reuse Content in the Kent Academic Repository is made available for research purposes. Unless otherwise stated all content is protected by copyright and in the absence of an open licence (eg Creative Commons), permissions for further reuse of content should be sought from the publisher, author or other copyright holder. Versions of research The version in the Kent Academic Repository may differ from the final published version. Users are advised to check http://kar.kent.ac.uk for the status of the paper. Users should always cite the published version of record. Enquiries For any further enquiries regarding the licence status of this document, please contact: [email protected] If you believe this document infringes copyright then please contact the KAR admin team with the take-down information provided at http://kar.kent.ac.uk/contact.html Published in Feminist Legal Studies Vol 20, No 2 (2012) 1 DOI 0.1007/s10691-012-9202-0 ________________________________________________________________________ The Power of Feminist Judgments? Rosemary Hunter Abstract Recent years have seen the advent of two feminist judgment-writing projects, the Women’s Court of Canada (WCC), and the Feminist Judgments Project (FJP) in England. This article analyses these projects in light of Carol Smart’s feminist critique of law and legal reform and her proposed feminist strategies in Feminism and the Power of Law (1989).
    [Show full text]
  • Social Norms and the Legal Regulation of Marriage
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2000 Social Norms and the Legal Regulation of Marriage Elizabeth S. Scott Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Contracts Commons, Family Law Commons, Law and Gender Commons, Law and Society Commons, and the Sexuality and the Law Commons Recommended Citation Elizabeth S. Scott, Social Norms and the Legal Regulation of Marriage, 86 VA. L. REV. 1901 (2000). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/323 This Essay is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. SOCIAL NORMS AND THE LEGAL REGULATION OF MARRIAGE Elizabeth S. Scott* INTRODUCTION ................................................................................. 1902 I. THE NORMATIVE STRUCTURE OF TRADITIONAL MARRIAGE .......................................................... 1907 A. A Taxonomy of MaritalNorms ............................................ 1907 1. Commitment Norms ........................................................... 1908 a. Spousal Commitment Norms ........................................ 1908 b. Norms of ParentalObligation ....................................... 1912 2. GenderN orms....................................................................
    [Show full text]
  • Book Reviews
    THE INTERNATIONAL JOURNAL OF CHILDREN’S RIGHTS International Journal of Children’s Rights 19 (2011) 705–713 brill.nl/chil Book Reviews Emily Buss and Mavis Maclean, Th e Law and Child Development , Farnham: Ashgate, 2010. 491 + XXV pages. ISBN 978-0-7546-2811-8. £145.00 (hb). Th is is the second volume in Ashgate’s Library of Essays in Child Welfare and Development (the fi rst was reviewed in this journal in volume 17(3) – see Freeman, 2009 ). Were it not for the prohibitive price, this volume would fi nd its way to many student reading lists straight away. We are off ered 15 selected papers on the contribution that legal scholarship can make to understanding the role of law in the care and development of chil- dren. Some of the essays will be new to readers of this journal: others are already classics and regularly cited. A theme which emerges is the limit of eff ective legal action when children’s interests are in issue. Th ere is one essay on Australia: the remainder are about the English and U.S. legal systems. It is a pity that the emphasis is so Anglo-American: an article or two from Scandinavia or mainland civilian Europe would have off ered a fresh perspective. Th e papers most likely to appeal to readers of this journal are those that focus most specifi cally on children’s interests – those by Eekelaar, Reece and Mnookin. But there will not be many working in children’s rights not already familiar with these papers.
    [Show full text]
  • Motherhood and Crime
    University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 1993 Motherhood and Crime Dorothy E. Roberts University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Criminal Law Commons, Criminology Commons, Criminology and Criminal Justice Commons, Family, Life Course, and Society Commons, Gender and Sexuality Commons, Law and Gender Commons, Law Enforcement and Corrections Commons, Legal History Commons, and the Social Control, Law, Crime, and Deviance Commons Repository Citation Roberts, Dorothy E., "Motherhood and Crime" (1993). Faculty Scholarship at Penn Law. 854. https://scholarship.law.upenn.edu/faculty_scholarship/854 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. Motherhood and Crime t Dorothy E . Roberts* l;-..;TRODCCTION Women's criminal conduct is of growing interest to both criminologists and legal scholars. 1 Feminist legal theorists recently have embraced the subject of motherhood. 2 There is important insight into the social construc­ tion of women's identities where these two topics meet. To find evidence of a special relationship between motherhood and crime, students need only to open their first year criminal law casebook to the omission liability section.3 Most of the cases, if not all, concern mothers (or women in mothering roles) who failed to care properly for their children.4 These t <D 1993 Dorothy E.
    [Show full text]
  • The Normalising Power of Marriage Law: an Irish Genealogy, 1945-2010
    Technological University Dublin ARROW@TU Dublin Other resources Law 2015-4 The Normalising Power of Marriage Law: An Irish Genealogy, 1945-2010 Deirdre McGowan Technological University Dublin, [email protected] Follow this and additional works at: https://arrow.tudublin.ie/aaschlawoth Part of the Family Law Commons, Law and Society Commons, and the Legal History Commons Recommended Citation McGowan, D. (2015) The Normalising Power of Marriage Law: An Irish Genealogy, 1945-2010 Thesis submitted for PhD, National University of Ireland, Maynooth, 2015. This Theses, Ph.D is brought to you for free and open access by the Law at ARROW@TU Dublin. It has been accepted for inclusion in Other resources by an authorized administrator of ARROW@TU Dublin. For more information, please contact [email protected], [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 4.0 License Funder: National University of Ireland, Maynooth The Normalising Power of Marriage Law: An Irish Genealogy, 1945 – 2010. Deirdre Mc Gowan. Thesis submitted for PhD. National University of Ireland, Maynooth. Department of Law. September 2014. Head of Department: Professor Michael Doherty. Supervisors: Dr Neil Maddox, Dr Rebecca King-O’Riain. Contents Contents ................................................................................................................... 1 .................................................................................................................................. 1
    [Show full text]
  • What Type of Family Has Many Generations but Not Many Within
    What type of family has many generations Which sociologist thinks that Childhood is but not many within each generation? disappearing? Bean Pole Postman Which perspective believes that the traditional family is disintegrating which is Which family type has the mother in charge? leading to the collapse of society? Matrifocal New Right Identify one government policy from the last 40 years which has impacted the family (1970+). Which sociologist coined the term “Warm Bath Theory” Children's Act, Civil Partnerships, Child Support Agency, Paternity Leave, New Deal, Parsons Gay Marriage Act, Sex Discrimination Act, Equal Pay Act Which sociologist completed a study looking What is the general trend in births since at housewives and housework? 1900? Anne Oakley Decline Name one way in which childhood could be Which sociologist is associated with the said to be toxic. “sociology of personal life”? Junk Food, Technology and Video Games, Carol Smart Lack of parental engagement. Give one reason for the rise in divorce. What is the triple shift? Divorce reform Act, Secularisation, Less Paid Work, Domestic Labour, Emotional Stigma, Rise in expectations, changing role Support. of women. What is a social norm? What is migration? Unwritten rues of behaviour The movement from one country to another. Which sociologist is associated with toxic What is the expressive role? childhood? The emotional and caring role. Sue Palmer Define the term infant mortality rate. What term is used to describe a family where there are multiple wives? The number of deaths per 1000 live births per year. Polygyny What is the difference between an arranged What is a symmetrical Family? marriage and a forced marriage? A family where the domestic roles and Arranged means there is still a choice.
    [Show full text]
  • Law and the Regulation of Family Secrets
    International Journal of Law, Policy and the Family 24(3), (2010), 397–413 doi:10.1093/lawfam/ebq007 Advance Access Publication 28 August 2010 Downloaded from LAW AND THE REGULATION OF FAMILY SECRETS CAROL Smart* *The Morgan Centre, School of Social Science, University of Manchester. Email: lawfam.oxfordjournals.org [email protected] ABSTRACT This article addresses the changing relationship between traditional legal definitions of motherhood and fatherhood and newer scientific definitions of at The John Rylands University Library, of Manchester on October 12, 2010 parenthood. It is acknowledged that procedures like DNA testing have transformed legal interpretations, but in so doing it is argued that the social and cultural significance of kinship has been squeezed out of consideration. There is now an almost unassailable presumption that it is best for a child to know his or her genetic origins, yet there is also evidence that families still keep certain matters (eg donor conception) a secret. These families are increasingly defined as out of step with modern, ethical thinking yet it may be important to understand how such families define a child’s welfare. The problem with knowledge about genetic links is that it is not mere ‘information’ but is powerful knowledge that changes relationships regardless of the wishes of those involved. The fear of such changes may mean families prefer to reject openness, especially if the risks of loss appear too high. These issues are explored through data on family secrets and also through an unusual legal case involving a child who took the decision not to know his own genetic origins.
    [Show full text]
  • Marriage, Cohabitation, and Collective Responsibility for Dependency
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Columbia Law School: Scholarship Repository Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2004 Marriage, Cohabitation, and Collective Responsibility for Dependency Elizabeth S. Scott Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Contracts Commons, Family Law Commons, and the Law and Gender Commons Recommended Citation Elizabeth S. Scott, Marriage, Cohabitation, and Collective Responsibility for Dependency, UNIVERSITY OF CHICAGO LEGAL FORUM, VOL. 2004, P. 225, 2004 (2004). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1319 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Marriage, Cohabitation and Collective Responsibility for Dependency Elizabeth S. Scott* Marriage has fallen on hard times. Although most Americans say that a lasting marriage is an important part of their life plans,1 the institution no longer enjoys its former exclusive status as the core family form. This is so largely because social norms that regulate family life and women’s social roles have changed. A century (or even a couple of generations) ago, marriage was a stable economic and social union that for the most part lasted for the joint lives of the spouses; it was the only option for a socially sanctioned intimate relationship and the setting in which most children were raised.
    [Show full text]
  • Intervening in the Context of White Settler Colonialism: West Coast LEAF, Gender Equality and the Polygamy Reference
    Oñati Socio-legal Series, v. 6, n. 6 (2016) – Radically Rethinking Marriage ISSN: 2079-5971 Intervening in the Context of White Settler Colonialism: West Coast LEAF, Gender Equality and the Polygamy Reference SUZANNE LENON∗ Lenon, S., 2016. Intervening in the Context of White Settler Colonialism: West Coast LEAF, Gender Equality and the Polygamy Reference. Oñati Socio-legal Series [online], 6 (6), 1324-1347. Available from: https://ssrn.com/abstract=2891019 Abstract In November 2011, the British Columbia Supreme Court released its judgement in Reference re: s.293 of the Criminal Code of Canada, upholding the prohibition on polygamy as constitutional. The Polygamy Reference, as it is known, concluded that the pressing and substantial objective of s. 293 is the prevention of harm to women, to children, and to the institution of monogamous marriage. This paper analyzes the submissions made by the feminist legal education organization, West Coast LEAF, one of the few feminist 'voices' taken seriously by the court. The apprehension of polygamy's harms was central to the Reference case. West Coast LEAF offered one of the most nuanced interpretations of how the criminal prohibition on polygamy should be interpreted with respect to harm. Yet as this paper argues, its position conceals and is underpinned by racialized relations of power that, however unwittingly, give weight to and indeed require the racial logic of white settler state sovereignty articulated in the Polygamy References' overall narrative. Key words Polygamy; Canada; West Coast LEAF; settler colonialism; race Resumen En noviembre de 2011, la Corte Suprema de la Columbia Británica dictó sentencia en Referencia: s.293 del Código Penal de Canadá, ratificando la prohibición de la poligamia como constitucional.
    [Show full text]