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Bountiful Voices Angela Campbell
Osgoode Hall Law Journal Article 1 Volume 47, Number 2 (Summer 2009) Bountiful Voices Angela Campbell Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Law and Gender Commons Article Citation Information Campbell, Angela. "Bountiful Voices." Osgoode Hall Law Journal 47.2 (2009) : 183-234. http://digitalcommons.osgoode.yorku.ca/ohlj/vol47/iss2/1 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Bountiful Voices Abstract Common portrayals of Canada's only openly polygamous community cast it as a space frozen in time, both socially and intellectually. "Bountiful," British Columbia is a sixty-five-year-old community comprised of followers of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). Many residents espouse plural marriage as a central tenet of their faith, believing that the practice leads not only to a good terrestrial life but, also, to facilitated entry into the "celestial kingdom." Visual and written accounts of Bountiful routinely present the women of this community as submissive, silenced, and isolated. Their traditional dress, and the number of children often captured following or clinging to them, suggest conservatism, and possibly also social regression and exploitation. This imagery bolsters current legal approaches to plural marriage in Canada. In particular, the notion that gender inequality and oppression are inherent to polygamy serves to support the criminal prohibition of plural marriage. This article presents a counter-narrative to this common portrayal of the FLDS wife. -
In the Supreme Court of British Columbia
BC su Poligamia IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588 Date: 20111123 Docket: S097767 Registry: Vancouver In the Matter of: The Constitutional Question Act, R.S.B.C. 1986, c 68 And In the Matter of: The Canadian Charter of Rights and Freedoms And in the Matter of: A Reference by The Lieutenant Governor In Council Set Out in Order In Council No. 533 dated October 22, 2009 concerning the Constitutionality of s. 293 of the Criminal Code of Canada, R.S.C. 1985, c. C-46 Before: The Honourable Chief Justice Bauman Reasons for Judgment Counsel for the Attorney General of British Columbia: Counsel for the Attorney General of Canada: Counsel for the Reference Amicus: Counsel for the Interested Persons: Beyond Borders: Ensuring Global Justice for Children: British Columbia Civil Liberties Association: British Columbia Teachers’ Federation: Canadian Association for Free Expression: Canadian Coalition for the Rights of Children and the David Asper Centre for Constitutional Rights: Canadian Polyamory Advocacy Assoc.: Christian Legal Fellowship: James Marion Oler and the Fundamentalist Church of Jesus Christ of Latter Day Saints: REAL Women of Canada: Stop Polygamy in Canada: West Coast Legal Education and Action Fund: Place and Dates of Trial: Place and Date of Judgment: Table of Contents I. INTRODUCTION II. COURSE OF PROCEEDINGS A. The Reference Questions B. The Participants C. The Evidence D. Webcast of Final Submissions III. EVIDENTIARY ISSUES A. Factors Justifying a Liberal Approach to Admissibility in a Trial Reference 1. The Importance of Evidence in Charter Litigation 2. -
The Importance of Being Monogamous: Marriage and Nation Building in Western Canada to 1915
163 The Importance of Being Monogamous: Marriage and Nation Building in Western Canada to 1915 by Sarah Carter Edmonton, University ofAlberta Press, 2008. Pp. 383. 2009 CanLIIDocs 55 Sarah Carter's most recent book, The Importance of Being Monogamous: Marriage and Nation Building in Western Canada to 1915, is, if memory serves, the first historical academic text that I have read since graduating with a B.A. in History in 1995. The opportunity to read and review this book was a welcome treat not only because of a personal, rarely-indulged interest in colonial history, but more because of this book's relevance to my current research on polygamous marriages in Canada. The Importance of Being Monogamous is of crucial importance to all legal academics, practitioners and students interested in exploring critically law's understanding of and approach to "unorthodox" marriages. The thrust of Carter's argument is that what most Canadians perceive as "typ- ical" or "traditional" marriage is by no means the result of a natural social evolution. Rather, it is a consequence of calculated state objectives rooted in cultural suprema- cist, classist and sexist ideals. Carter's primary focus is on Canadian land settlement policies in the late nineteenth and early twentieth centuries. She demonstrates how these policies constructed an ideal of marriage that was used as a vehicle for the domestication of Western Canada by white Christian families. This nuptial model was one characterized, unsurprisingly, as monogamous, heterosexual, intra-racial, male- dominated and self-sufficient. Land policies were designed to marginalize and exclude communities who did not adhere to this spousal ideal. -
Opinion Polygamy and the Rights of Women 2010
Conseil du statut de la Opinion Polygamy and the rights of women 2010 1 Conseil du statut de la Opinion Polygamy and the rights of women 2010 La traduction de l’avis du Conseil La polygamie au regard du droit des femmes (novembre 2010) a été réalisée pour le compte de la Cour suprême de la Colombie-Britannique dans le cadre d’une cause jugée en 2011 pour déterminer si l’interdiction de la polygamie par le gouvernement de cette province est cohérente avec les libertés garanties par la Charte canadienne des droits et libertés. The Conseil du statut de la femme is a study and advisory council which was established in 1973. It gives its opinions on all of the topics related to respect of equality, rights and status of women in Quebec. The Conseil is made up of a female Chair and 10 female members from women’s associations, universities, socio-economic groups as well as from trade unions. This opinion was adopted at the 229th members meeting of the Conseil du statut de la femme on September 17, 2010. The members of the Conseil are (2010) Christine Pelchat, Chair, Nathalie Chapados, Véronique De Sève, Francyne Ducharme, Roxane Duhamel, Marjolaine Étienne, Carole Gingras, Élaine Hémond, Rakia Laroui, Ludmilla Prismy and Catherine des Rivières-Pigeon. We would like to particularly thank, Louise Langevin, professeur at the Faculty of Law at Laval University for her precious commentaries. Research, Writing and Translation Validation Research and Writing Coordination Yolande Geadah, M.A. Marie-Andrée Allard, Christiane Pelchat Collaboration Publishing Coordination (French) Caroline Beauchamp, LL.B. -
Licentiousness" in Religious Organizations and Why It Is Not Protected Under Religious Liberty Constitutional Provisions
William & Mary Bill of Rights Journal Volume 18 (2009-2010) Issue 4 Symposium: Families, Fundamentalism, Article 7 & the First Amendment May 2010 The "Licentiousness" in Religious Organizations and Why it is Not Protected under Religious Liberty Constitutional Provisions Marci A. Hamilton Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons, and the First Amendment Commons Repository Citation Marci A. Hamilton, The "Licentiousness" in Religious Organizations and Why it is Not Protected under Religious Liberty Constitutional Provisions, 18 Wm. & Mary Bill Rts. J. 953 (2010), https://scholarship.law.wm.edu/wmborj/vol18/iss4/7 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj THE “LICENTIOUSNESS” IN RELIGIOUS ORGANIZATIONS AND WHY IT IS NOT PROTECTED UNDER RELIGIOUS LIBERTY CONSTITUTIONAL PROVISIONS Marci A. Hamilton* There is no doubt that the sexual abuse of children occurs within religious organizations and that these organizations too often operate to perpetuate cycles of abuse. There was a time when such a statement was counter-intuitive, but it is now merely a statement of fact. One difficult question to answer is how the law has failed to protect the vulnerable in religious organizations. Misguided reliance on the First Amendment is partly to blame. There are many reasons why the law has been insufficient to protect children in religious organizations, some more obvious -
Revelation of the Lord Given to President Warren S. Jeffs · at Washington County, Utah (In Prison) Tuesday, May 1,2007
Revelation of the Lord Given to President Warren S. Jeffs · At Washington County, Utah (In Prison) Tuesday, May 1,2007 1. Thus saith the Lord unto you, 7. Zion will be redeemed in this my servant Warren Jeffs: generation; and my people shall be 2. I. the Lord, am well pleased driven and plundered by mine with the Quorum of the First enemies. to humble them sufficient Presidency of the the Church of to turn to the Lord their God with Jesus Christ of Latter-day Saints, full purpose ofheart for deliverance. both as individuals and as a 8. And I will hear their prayers in Quorum; the day of visitation, those who have 3. For thy brethren in this Quorum purified their lives in me, and who have sought unto me, to establish in are full of my redeeming love unto a their lives a Celestial oneness in the remission of their sins through faith bonds of the holy Priesthood. in my name, even Jesus Christ, the Father and the Son; in whose name 4. And as you, my servant, have redemption cometh to all men who been tested and tried beyond come unto me with fruits meet for measure by the powers of darkness; repentance and endure unto the end. thy brethren have stood by thee. in me and through my power, to be a 9. And though earth and hell strength in building up and combine against you, my servant, . and m eo Ie; I, the Lord, will open e way 0 e verance or e 5. -
Fundamentalist Rhetorics of Self-Determination: a Feminist Conundrum
FUNDAMENTALIST RHETORICS OF SELF-DETERMINATION: A FEMINIST CONUNDRUM ___________________________________________________ A Thesis presented to the Faculty of the Graduate School University of Missouri ___________________________________________________ In Partial Fulfillment Of the Requirements for the Degree Master of Arts ___________________________________________________ by NAOMI KATHERINE PEACHY CLARK Dr. Rebecca Dingo, Thesis Supervisor MAY 2010 DEDICATION For Derrick…this project would have been impossible without your continual sacrifice and support; you are a true partner. For Mom, Margaret, and Rachel…your supportive child care got me through the final push. For Liberty … you remind me every day why my work is important. The undersigned, appointed by the Dean of the Graduate School, have examined the thesis entitled FUNDAMENTALIST RHETORICS OF SELF-DETERMINATION: A FEMINIST CONUNDRUM Presented by Naomi Katherine Peachy Clark, A candidate for the degree of Master of Arts, And hereby certify that, in their opinion, it is worthy of acceptance. ________________________________ Professor Rebecca Dingo ________________________________ Professor Martha Patton ________________________________ Professor Enid Schatz ACKNOWLEDGEMENTS I would like to thank Rebecca Dingo for her unfailing encouragement, understanding, and advice that saw me through the long months of this project. I sincerely appreciate Marty Patton’s helpful suggestions at critical points and Enid Schatz’s participation in spite of directional shifts along the way. I also -
Opening Statement of Beyond Borders
No. S-097767 Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE MATTER OF: THE CONSTITUTIONAL QUESTION ACT, R.S.B.C. 1986, c. 68 AND IN THE MATTER OF: THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS AND IN THE MATTER OF: A REFERENCE BY THE LIEUTENANT GOVERNOR IN COUNCIL SET OUT IN ORDER IN COUNCIL NO. 533 DATED OCTOBER 22, 2009 CONCERNING THE CONSTITUTIONALITY OF S. 293 OF THE CRIMINAL CODE OF CANADA, R.S.C. 1985, c. C-46 OPENING STATEMENT OF BEYOND BORDERS 1. This is the statement of Beyond Borders summarizing its submissions that section 293 of the Criminal Code of Canada complies with the Charter of Rights and Freedoms. 2. The reference questions are: "a. Is section 293 of the Criminal Code of Canada consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent? b. What are the necessary elements of the offence in section 293 of the Criminal Code of Canada? Without limiting this question, does section 293 require that the polygamy or conjugal union in question involved a minor, or occurred in a context of dependence, exploitation, abuse of authority, a gross imbalance of power, or undue influence?" 2 3. The answer of Beyond Borders to the reference questions are these: a. Section 293 of the Criminal Code of Canada is consistent with the Canadian Charter of Rights and Freedoms. If not in general, it is at least consistent with the Charter where the polygamy or conjugal union in question involves a minor. -
Strict Scrutiny of Polygamy Laws Under State Religious Freedom Restoration Acts After Hobby Lobby
STRASSBERG.DOCX (DO NOT DELETE) 9/6/2016 2:08 PM CAN WE STILL CRIMINALIZE POLYGAMY: STRICT SCRUTINY OF POLYGAMY LAWS UNDER STATE RELIGIOUS FREEDOM RESTORATION ACTS AFTER HOBBY LOBBY Maura Irene Strassberg* State criminal polygamy laws substantially burden the religious polygamy practiced by Fundamentalist Mormons and others, and can be subjected to strict scrutiny in those states where mini-RFRAs have been enacted. Such strict scrutiny may be influenced by the Supreme Court’s most recent RFRA case, Burwell v. Hobby Lobby Stores, Inc., which continues the Court’s development of an even “stricter” form of scrutiny under the RFRA than it has applied in free exercise cases. Defense of polygamy laws will initially require identification of a compelling state interest. The illegitimate, vague, and unsupported state interests previously provided in the Supreme Court case of Reynolds v. United States, as well as subsequent lower court and state cases, must be replaced by a more modern and empirical under- standing of the harms of polygamy. This can be found in the recent Canadian case on the constitutionality of its criminal polygamy law, Reference re: Section 293 of the Criminal Code of Canada. Refer- ence relied upon a statistical analysis of empirical data from 172 countries on the differential impact of monogamy versus polygamy; in addition to expert testimony from academics in the fields of evolu- tionary psychology, economic, political science, and nursing, from medical and psychological clinicians; and anecdotal evidence from husbands, wives, and children of polygamy. The goal was to specifi- cally identify the harms of polygamy to women, children, men, and * Professor of Law, Drake University Law School, [email protected]; B.A. -
Religious Basis for Contemporary Mormon Polygamy
1 “What’s Love Got to Do with It?” Earthly Experience of Celestial Marriage, Past and Present Carrie A. Miles 2008 This is a draft of the chapter was printed in Modern Polygamy in the United States, Cardel Jacobson with Lara Burton (eds.), Oxford University Press, 2011. In 1842, Joseph Smith -- the founder of Mormonism and first practitioner of LDS celestial or plural marriage -- proposed marriage to Lucy Walker, a sixteen year old girl who had come to live with him and his wife Emma after her mother died. Lucy was understandably disturbed by this proposal. Joseph tried to reassure her, but ultimately confessed, "I have no flattering words to offer."1 Scholars have offered many explanations for why a group of Christians in nineteenth century America should begin to practice a form of marriage then derided as a "relic of barbarism." But it's not clear if any of them explain why an already-married Prophet of God The official Church of Jesus Christ of Latter-day Saints has expressed a preference not to be called “Mormon,” but to be referred to by its full name on first usage, with the acronym LDS in following uses. I use the term Mormon in this paper because I am referring not just to the LDS Church but to the broader range of groups that descended from the founding of the LDS Church. © Carrie Miles 2011 2 would propose an illegal marriage to an astonished teenager without professing either admiration, love, or even lust for her. Even less do they explain why a young girl should agree to such an apparently passionless marriage to a man twice her age. -
The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed
William & Mary Journal of Race, Gender, and Social Justice Volume 16 (2009-2010) Issue 3 William & Mary Journal of Women and Article 2 the Law April 2010 The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed Jessica Dixon Weaver Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Fourteenth Amendment Commons Repository Citation Jessica Dixon Weaver, The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed, 16 Wm. & Mary J. Women & L. 449 (2010), https://scholarship.law.wm.edu/ wmjowl/vol16/iss3/2 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl THE TEXAS MIS-STEP: WHY THE LARGEST CHILD REMOVAL IN MODERN U.S. HISTORY FAILED JESSICA DIXON WEAVER* This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This imper- missible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor females to spiritually marry older adult males sparked questions as to how far the Free Exercise Clause of the First Amendment and the Fourteenth Amendment go in protecting religious freedom and parental rights. -
Mediated Constructions and Audience Responses to Polygamist Controversies
Mediated Constructions and Audience Responses to Polygamist Controversies A dissertation presented to the faculty of the Scripps College of Communication of Ohio University In partial fulfillment of the requirements for the degree Doctor of Philosophy Heather M. Stassen June 2010 © 2010 Heather M. Stassen. All Rights Reserved. This dissertation titled Mediated Constructions and Audience Responses to Polygamist Controversies by HEATHER M. STASSEN has been approved for the School of Communication Studies and the Scripps College of Communication by Roger C. Aden Professor of Communication Studies Gregory J. Shepherd Dean, Scripps College of Communication ii ABSTRACT STASSEN, HEATHER M., Ph.D., June 2010, Communication Studies Mediated Constructions and Audience Responses to Polygamy Controversies (215 pp.) Director of Dissertation: Roger C. Aden This dissertation explores 14 publics that emerged throughout three polygamist controversies from 2006 through 2008. The first two chapters seek to establish a framework through which each controversy is explored. Specifically, warfare, pathogen stress, male absenteeism, and labor distribution are identified as plausible and possible rationales for the practice of polygamy. Subsequently, the history and contemporary role of polygamy in the United States is traced back to Native American culture and the contemporary practice of polygamy within the United States to members of the Fundamentalist Church of Latter Day Saints (FLDS). Additionally, key terms such as controversy, abductive criticism, textual fragments, and publics are defined and situated within the literature. The three analysis chapters reveal 14 publics that emerged throughout the polygamist controversies. An exploration of responses to the premiere of HBO’s fictional drama about polygamy, Big Love, reveals six publics.