2.1 General Comments on Jacob 2 Polygamy, Concubinage, And
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Legislating First Cousin Marriage in the Progressive Era
KISSING COUSINS: LEGISLATING FIRST COUSIN MARRIAGE IN THE PROGRESSIVE ERA Lori Jean Wilson Consanguineous or close-kin marriages are older than history itself. They appear in the religious texts and civil records of the earliest known societies, both nomadic and sedentary. Examples of historical cousin-marriages abound. However, one should not assume that consanguineous partnerships are archaic or products of a bygone era. In fact, Dr. Alan H. Bittles, a geneticist who has studied the history of cousin-marriage legislation, reported to the New York Times in 2009 that first-cousin marriages alone account for 10 percent of global marriages.1 As of 2010, twenty-six states in the United States permit first cousin marriage. Despite this legal acceptance, the stigma attached to first-cousin marriage persists. Prior to the mid- nineteenth century, however, the American public showed little distaste toward the practice of first cousin marriage. A shift in scientific opinion emerged in the mid-nineteenth century and had anthropologists questioning whether the custom had a place in western civilization or if it represented a throwback to barbarism. The significant shift in public opinion however, occurred during the Progressive Era as the discussion centered on genetics and eugenics. The American public vigorously debated whether such unions were harmful or beneficial to the children produced by first cousin unions. The public also debated what role individual states, through legislation, should take in restricting the practice of consanguineous marriages. While divergent opinions emerged regarding the effects of first cousin marriage, the creation of healthy children and a better, stronger future generation of Americans remained the primary goal of Americans on both sides of the debate. -
Marriage Outlaws: Regulating Polygamy in America
Faucon_jci (Do Not Delete) 1/6/2015 3:10 PM Marriage Outlaws: Regulating Polygamy in America CASEY E. FAUCON* Polygamist families in America live as outlaws on the margins of society. While the insular groups living in and around Utah are recognized by mainstream society, Muslim polygamists (including African‐American polygamists) living primarily along the East Coast are much less familiar. Despite the positive social justifications that support polygamous marriage recognition, the practice remains taboo in the eyes of the law. Second and third polygamous wives are left without any legal recognition or protection. Some legal scholars argue that states should recognize and regulate polygamous marriage, specifically by borrowing from business entity models to draft default rules that strive for equal bargaining power and contract‐based, negotiated rights. Any regulatory proposal, however, must both fashion rules that are applicable to an American legal system, and attract religious polygamists to regulation by focusing on the religious impetus and social concerns behind polygamous marriage practices. This Article sets out a substantive and procedural process to regulate religious polygamous marriages. This proposal addresses concerns about equality and also reflects the religious and as‐practiced realities of polygamy in the United States. INTRODUCTION Up to 150,000 polygamists live in the United States as outlaws on the margins of society.1 Although every state prohibits and criminalizes polygamy,2 Copyright © 2014 by Casey E. Faucon. * Casey E. Faucon is the 2013‐2015 William H. Hastie Fellow at the University of Wisconsin Law School. J.D./D.C.L., LSU Paul M. Hebert School of Law. -
The Modern Opinions Regarding Polygamy of Married Men and Women in Dakar
SIT Graduate Institute/SIT Study Abroad SIT Digital Collections Independent Study Project (ISP) Collection SIT Study Abroad Fall 2013 The oM dern Opinions Regarding Polygamy of Married Men and Women in Dakar Hannah Fried-Tanzer SIT Study Abroad Follow this and additional works at: https://digitalcollections.sit.edu/isp_collection Part of the Family, Life Course, and Society Commons Recommended Citation Fried-Tanzer, Hannah, "The odeM rn Opinions Regarding Polygamy of Married Men and Women in Dakar" (2013). Independent Study Project (ISP) Collection. 1680. https://digitalcollections.sit.edu/isp_collection/1680 This Unpublished Paper is brought to you for free and open access by the SIT Study Abroad at SIT Digital Collections. It has been accepted for inclusion in Independent Study Project (ISP) Collection by an authorized administrator of SIT Digital Collections. For more information, please contact [email protected]. 1 The Modern Opinions Regarding Polygamy of Married Men and Women in Dakar Fried-Tanzer, Hannah Academic Director: Diallo, Souleye Project Adviser: Gaye, Rokhaya George Washington University French and Anthropology Senegal, Dakar Submitted in partial fulfillment of the requirements for Senegal: National Identity and the Arts Program SIT Study Abroad, Fall 2013 2 Table of Contents Abstract 2 Introduction and Historical Context 3 Methodology 9 Findings/Interviews 11 Monogamy 11 Polygamy 13 Results and Analysis 21 Misgivings 24 Challenges 25 Conclusion 25 Works Cited 27 Interviews Cited 29 Appendix A: Questionnaire 30 Appendix B: Time Log 31 3 Abstract Polygamy is the practice in which a man takes multiple wives. While it is no longer legal in certain countries, it is still allowed both legally and religiously in Senegal, and is still practiced today. -
Marriage and Divorce in Islamic and Mormon Polygamy: a Legal Comparison
Intermountain West Journal of Religious Studies Volume 1 Number 1 Inaugural Issue Article 6 2009 Marriage and Divorce in Islamic and Mormon Polygamy: A Legal Comparison Nate Olsen University of Utah Follow this and additional works at: https://digitalcommons.usu.edu/imwjournal Recommended Citation Olsen, Nate "Marriage and Divorce in Islamic and Mormon Polygamy: A Legal Comparison." Intermountain West Journal of Religious Studies 1, no. 1 (2009). https://digitalcommons.usu.edu/imwjournal/vol1/iss1/6 This Article is brought to you for free and open access by the Journals at DigitalCommons@USU. It has been accepted for inclusion in Intermountain West Journal of Religious Studies by an authorized administrator of DigitalCommons@USU. For more information, please contact [email protected]. Olsen: Islamic/Mormon Polygamy 87 Nate Olsen Nate Olsen is a J.D. candidate at the S. J. Quinney College of Law, where he serves on the 2009–10 Board of Editors of the Utah Law Review. He graduated magna cum laude from Brigham Young University with a B.A. in Spanish and a minor in history. 88 IMW Journal of Religious Studies Vol. 1:1 Nate Olsen Marriage and Divorce in Islamic and Mormon Polygamy: A Legal Comparison This paper compares how Islam and Mormonism crafted the legal frame- work of polygamy in an attempt to afford women important protections against its inherent inequality. Islam and Mormonism provided these safeguards by regulating how parties entered polygamy and by allowing women to initiate di- vorce. I. INTRODUCTION In the fifth year of the Hijrah, Mohammad received a revelation that ush- ered in the age of Shari’ah, or Islamic holy law: “To thee We sent the Scripture in truth . -
Counseling the Polyamorous Client: Implications for Competent Practice
fSuggested APA style reference information can be found at http://www.counseling.org/knowledge-center/vistas Article 50 Counseling the Polyamorous Client: Implications for Competent Practice Adrianne L. Johnson Johnson, Adrianne L., is an Assistant Professor of Clinical Mental Health Counseling at Wright State University. Her experience includes adult outpatient, crisis, college, and rehabilitation counseling. She has presented internationally on a broad range of counseling and counselor education topics, and her research interests include bias and diversity in counseling and counselor education. Abstract The self-reports of polyamorous clients regarding therapeutic experiences raise concerns for the counseling field. Many poly individuals are not receiving quality mental health care or relationship counseling because of valid fears regarding professional bias and condemnation of their lifestyle choices. The unique issues and concerns of polyamorous clients is an emerging interest in the mental health field and counselors have an ethical obligation to understand, explore, and address the unique needs of this population. Introduction The current culture in the United States has historically promoted heterosexual monogamy as the most widely accepted and advocated ethical/moral relationship option available, and clients identifying as polyamorous often practice covertly and with great stress “due to the cultural pressure, social stigmas, or fear of legal ramifications” (Black, 2006, p. 1). Polyamory is a lifestyle in which a person may have more than one romantic relationship with consent and support expressed for this choice by each of the people concerned (Weitzman, 2006, p. 139). Polyamorous people face stigmatization, stereotypes, negative bias, and marginalization in both the mainstream society and in the offices of counseling professionals. -
Marriage, Free Exercise, and the Constitution
Minnesota Journal of Law & Inequality Volume 26 Issue 1 Article 2 June 2008 Marriage, Free Exercise, and the Constitution Mark Strasser Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Mark Strasser, Marriage, Free Exercise, and the Constitution, 26(1) LAW & INEQ. 59 (2008). Available at: https://scholarship.law.umn.edu/lawineq/vol26/iss1/2 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. Marriage, Free Exercise, and the Constitution Mark Strassert Introduction Same-sex marriage opponents frequently suggest that if same-sex unions are constitutionally protected, then polygamous unions must also be protected, as if no more must be said to establish that neither should be recognized. 1 Yet, this reductio ad absurdum fails for two distinct reasons. First, even were it constitutionally permissible for states to ban polygamous relationships, that hardly would establish that same-sex unions could also be prohibited, since the kinds of reasons that tend to be accepted as justifications for polygamy bans have little or no force in the same-sex marriage context. 2 Second, the case establishing the permissibility of polygamy bans is not nearly as obvious or strong as its opponents imply. Indeed, a strong case can be made 3 for the proposition that polygamy is constitutionally protected. Part I of this Article briefly discusses the oft-made claim that if same-sex marriages are constitutionally protected, then plural marriages must also be protected. This Part suggests that although that argument is false because the two are distinguishable in constitutionally significant ways, a good argument can be made for the proposition that both same-sex marriage and plural marriage are constitutionally protected. -
John Witte, Jr. the Western Case for Monogamy Over Polygamy Cambridge University Press, New York and Cambridge, 2015
John WITTE, Jr. The Western Case for Monogamy over Polygamy Cambridge University Press, New York and Cambridge, 2015 As founding editor and inaugural author of the new Cambridge University Press series on law and Christianity, John Witte, Jr. has written a monumental volume on The Western Case for Monogamy over Polygamy. The choice of topic is not accidental. Witte believes, in my opinion correctly, that polygamy will come to dominate public deliberation and litigation in many Western coun- tries in the near future. Statistics support the same conclusion. According to a Gallup poll, in 2013, 14% of American people accepted polygamy-double the percentage (7%) that accepted it in 2001 (Witte, pg. 464). This explains why, though formally prohibited by the law of each state in the United States, the very status of being in a polygamous marriage rarely moves law enforcement authorities to action. Some academic scholars defend the legalization of polygamy as being the best constitutional, feminist, and sex-positive choice. Many modern Muslims and Fundamentalist Mormons argue in favor of polygamy based on religious freedom, religious equality, self-determination, and nondiscrimination. Many modern liberals argue that the political community must remain neutral on issues affecting ethical independence and for this reason should allow and sup- port all types of consensual adult sexual relationships. For more than 2,500 years, Western legal systems have defended marital monogamy as a normative standard for family law. They have supported the idea and the practice of monogamous marriage because it brings fundamental private goods to the married couple and their children as well as basic pub- lic goods to society. -
Polygamy After Windsor: What's Religion Got to Do With
\\jciprod01\productn\H\HLP\9-2\HLP206.txt unknown Seq: 1 21-JUL-15 15:23 Polygamy After Windsor: What’s Religion Got to Do with It? Casey E. Faucon* Ever since the 1878 case, Reynolds v. United States, polygamists have argued that their plural marriage practices are protected by the Free Exercise Clause of the First Amendment. After Lawrence v. Texas, polygamists added substantive Due Pro- cess arguments under the Fourteenth Amendment’s “intimacy privacy” interpretation to their arsenal. This article argues that in order for polygamists to find constitu- tional protection and recognition, they must shed their arguments founded in relig- ion and rely instead on substantive Due Process. Although First Amendment jurisprudence would subject polygamy bans to a higher level of scrutiny, this height- ened protection comes at a cost. The landmark same-sex marriage case, United States v. Windsor, and the opinion’s protected liberty interest of “equal dignity” provides polygamy advocates with substantive grounds to protect their plural mar- riage practices, as well as pave the way for recognition of “intimate pluralism” and alternative relationship forms like polyamory and group marriage. I. INTRODUCTION The legal tide is beginning to shift in favor of polygamists in America. On December 13, 2013, the Utah federal district court struck a prong of Utah’s criminal anti-polygamy statute as being unconstitutional in violation of the polygamous family’s First Amendment and substantive Due Process rights.1 The family members at the heart of Brown v. Buhman -
The Marriage of First Cousins Domiciled in Pennsylvania
Volume 53 Issue 4 Dickinson Law Review - Volume 53, 1948-1949 6-1-1949 The Marriage of First Cousins Domiciled in Pennsylvania Walter R. Harwood Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Walter R. Harwood, The Marriage of First Cousins Domiciled in Pennsylvania, 53 DICK. L. REV. 330 (1949). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol53/iss4/16 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. DICKINSON LAW REVIEW THE MARRIAGE OF FIRST COUSINS DOMICILED IN PENNSYLVANIA The general rule is that each state, in matters of the contol and regulation of marriage, is sovereign and has the right to determine the marital status of its citizens under its own laws.' Marriage between first cousins was long considered valid under Pennsylvania common law, but today, if A and B, first cousins domi- ciled in Pennsylvania want to marry, they are confronted by the Act of 1901, P. L. 597 which reads in part: Section 1. .. That from and after the first day of January, Anno Domini one thousand nine hundred and two, it shall be unlawful for any male person and female person, who are of kin of the degree of first cousins, to be joined in marriage. Section 2. All marriages contracted in violation of the provisions of the first section of this act are hereby declared void. -
From Big Love to the Big House: Justifying Anti-Polygamy Laws in an Age of Expanding Rights
Emory International Law Review Volume 26 Issue 2 2012 From Big Love to the Big House: Justifying Anti-Polygamy Laws in an Age of Expanding Rights Thomas Buck Jr. Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Thomas Buck Jr., From Big Love to the Big House: Justifying Anti-Polygamy Laws in an Age of Expanding Rights, 26 Emory Int'l L. Rev. 939 (2012). Available at: https://scholarlycommons.law.emory.edu/eilr/vol26/iss2/14 This Comment is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. BUCK GALLEYSPROOFS1 5/2/2013 9:10 AM FROM BIG LOVE TO THE BIG HOUSE: JUSTIFYING ANTI- POLYGAMY LAWS IN AN AGE OF EXPANDING RIGHTS INTRODUCTION In January 2009, Canadian authorities in Bountiful, British Columbia, arrested two leaders of separate sects of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (“FLDS”) on charges of polygamy.1 Section 293 of Canada’s Criminal Code makes polygamy a crime.2 The individual charges against the men were thrown out on technical grounds, but the litigation evolved into a constitutional question as to whether Canada’s criminal prohibition on polygamy was consistent with the guarantees of religious freedom, freedom of expression, freedom of association, liberty and security of person, and equality in the Canadian Charter of -
Polygamy and Concubinage in the Old Testament Richard M
Andrews University Digital Commons @ Andrews University Faculty Publications 2015 Condemnation and Grace: Polygamy and Concubinage in the Old Testament Richard M. Davidson Andrews University, [email protected] Follow this and additional works at: https://digitalcommons.andrews.edu/pubs Part of the Biblical Studies Commons Recommended Citation Davidson, Richard M., "Condemnation and Grace: Polygamy and Concubinage in the Old Testament" (2015). Faculty Publications. 69. https://digitalcommons.andrews.edu/pubs/69 This Article is brought to you for free and open access by Digital Commons @ Andrews University. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Digital Commons @ Andrews University. For more information, please contact [email protected]. CHRISTIAN RESEARCH INSTITUTE PO Box 8500, Charlotte, NC 28271 Feature Article: JAF4385 CONDEMNATION AND GRACE: POLYGAMY AND CONCUBINAGE IN THE OLD TESTAMENT by Richard M. Davidson This article first appeared in the CHRISTIAN RESEARCH JOURNAL, volume 38, number 05 (2015). For further information or to subscribe to the CHRISTIAN RESEARCH JOURNAL, go to: http://www.equip.org/christian-research-journal/. The divine design for marriage established at creation is a monogamous relationship between “a man…and…his wife” (Gen. 2:24).1 Paul’s citation of this verse makes even more explicit the monogamous design: “And the two [not three or more] shall become one flesh” (Eph. 5:31, emphasis added). Monogamy is ultimately rooted in monotheism and in the concept of imago Dei (image of God): just as the Lord God, who is “one” (Deut. 6:4), is not involved in promiscuous relationships within a polytheistic pantheon, so husbands and wives, created in God’s image, are to be monogamous in their marital relationship with each other. -
Supreme Court of the United States ———— GARY R
No. 14-124 IN THE Supreme Court of the United States ———— GARY R. HERBERT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF UTAH, AND SEAN D. REYES, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF UTAH Petitioners, v. DEREK KITCHEN, MOUDI SBEITY, KAREN ARCHER, KATE CALL, LAURIE WOOD, AND KODY PARTRIDGE, INDIVIDUALLY, Respondents. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit ———— BRIEF OF AMICI CURIAE EIGHTY UTAH STATE LEGISLATORS IN SUPPORT OF PETITIONER ———— ROBERT T. SMITH* 1977 Regal Stream Cove Salt Lake City, UT 84121 801-949-5381 [email protected] *Counsel of Record Counsel for Amici Curiae WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 i! ! TABLE OF CONTENTS Page TABLE OF CONTENTS.......................................... i TABLE OF AUTHORITIES...................................... iii INTEREST OF AMICI CURIAE............................... 1 INTRODUCTION AND SUMMARY OF ARGUMENT... 3 ARGUMENT......................................................... 5 I. AMICI AND THE PEOPLE OF UTAH HAVE PROPERLY FULFILLED THEIR RESPONSIBILITY IN OUR FEDERAL SYSTEM TO ADOPT DOMESTIC RELATIONS LAWS THAT WILL BENEFIT THE STATE’S CITIZENS, ESPECIALLY IT’S CHILDREN ……........................................................... 5 A. The State of Utah Has Plenary Responsibility for Its Domestic Relations Laws ...................................................... 6 B. Amici and the People of Utah have Spoken with Considered Judgment in Establishing its Sovereign State Definition of Marriage... 7 II. REDEFINING MARRIAGE WOULD UPEND UTAH’S DOMESTIC RELATIONS LAWS PRIORITIZING CHILDREN’S OPPORTUNITY TO BE RAISED BY A MOTHER AND FATHER................................ 9 A. Birth and Adoption. ........................... 10 B. Legal Parenthood................................ 12 C. Education. ........................................... 13 D. Premarital Counseling. ....................... 14 E. Utah Marriage Commission. ………… 14 ! ii! ! F. Utah Division of Child and Family Services………………………………….