Polygamy and Polyamory
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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. -
Walking a Tightrope Between Secular and Religious Counselling Ideals?
1 http://jrmdc.com Counselling Muslim Selves on Islamic Websites: Walking a Tightrope Between Secular and Religious Counselling Ideals? By Mona Abdel-Fadil Department of Media and Communication, University of Oslo, Norway Contact: [email protected] Keywords: Islam online; religious counselling; secularism; ethics Abstract: This article focuses on the interactive counselling service Problems and Answers (PS), an Arabic language and Islamic online counselling service, which draws on global therapeutic counselling trends. For over a decade, PS was run and hosted by www.IslamOnline.net (IOL). Based on ethnographic fieldwork, this article aims to provide a layered, contextualized understanding of online Islamic counselling, through addressing the ‘invisible’, ‘behind the screens’ aspects of PS counselling and the meaning making activities that inform the online output. In particular, I examine: 1. The multiple ways in which ‘religion’ shapes the PS counsellors' counselling output, and 2. The extent to which secular and religious counselling Journal of Religion, Media and Digital Culture Volume 4, Issue 1 (2015) https://jrmdc.com Downloaded from Brill.com10/01/2021 04:15:44AM via free access 2 ideals clash, in PS counselling. Drawing on a mixed methods approach, I demonstrate instances in which offline data nuance and generate new understandings of online data. The findings demonstrate the multivocality and variations in the PS counsellors' perspectives on both religion and counselling psychology, and shed light on possible tensions between professed ideals and actual online practices. About the Author: Mona Abdel-Fadil holds a PhD from the University of Oslo. Abdel-Fadil’s research interests include the following: ‘media, religion, and culture’, contemporary Islam, media anthropology, counselling psychology, anthropology of the Middle East, migration and gender studies. -
A Grounded Theory of How Mixed Orientation Married
“Making it Work”: A Grounded Theory of How Mixed Orientation Married Couples Commit, Sexually Identify, and Gender Themselves Christian Edward Jordal Dissertation submitted to the Faculty of Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of Doctor of Philosophy In Human Development Katherine R. Allen April L. Few-Demo Christine E. Kaestle Margaret L. Keeling April 27, 2011 Blacksburg, Virginia Keywords: Bisexuality; gender; marital commitment; mixed orientation marriage Abstract Married bisexuals who come out to their heterosexual partners do not invariably divorce. This qualitative study included 14 intact, mixed orientation married couples. The mean marriage duration was 14.5 years, and the mean time since the bisexual spouse had come out was 7.9 years. The research focused the negotiation processes around three constructs: (a) sexual identity; (b) gender identity; and (c) marital commitment. Dyadic interviews were used to generate a grounded theory of the identity and commitment negotiation processes occurring among intact mixed orientation married couples. The findings revealed two sexual identity trajectories: Bisexuals who identify before marriage and reemerge within marriage; or bisexuals who do not identity before marriage but who emerge from within marriage. Two gender identity processes were reported: gender non-conformity and deliberate gender conformity. Finally, two negotiation processes around marital commitment were found: (a) closed marital commitment, and (b) open marital commitment. Closed marital commitment was defined as monogamous. Open marital commitment had four subtypes: (a) monogamous with the option to open; (b) open on one side (i.e., the bisexual spouse was or had the option to establish a tertiary relationship outside the marriage); (c) open on both sides or polyamorous; and (d) third-person inclusive (i.e. -
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. -
Mixed Orientation Marriages Are Often Just Called M I X E D Mixed Orientation Marriages Moms
MOM FACTS! INTERNET RESOURCES Mixed orientation marriages are often just called M IXED MIXED ORIENTATION MARRIAGES MOMs. AND LIVING FABULOUS HTTP://LIVINGFABULOUS.ORG/MOR/ O O RIENTATION There is a tremendous need for positive support for MAKING MIXED ORIENTATION couples in mixed orientation marriages. An ever in- MARRIAGES WORK HTTP://GROUPS.YAHOO.COM/GROUP/MMOMW/ ARRIAGES creasing number of gay, lesbian, and bisexual hus- M bands and wives, many of whom have been married MEN MARRIED TO LESBIANS for decades, are deciding to come out of the closet, HTTP://GROUPS.YAHOO.COM/GROUP/MMTL/ or their previously secret same sex attraction is be- ing discovered. It is essential these couples have a ALTERNATEPATH HELP FOR WIVES positive support system with role models and path- OF GAY/BI MEN ways for success. HTTP://GROUPS.YAHOO.COM/GROUP/ALTERNATEPATH/ O PRINTED RESOURCES Mixed orientation marriages are not just for hetero- sexuals. They come in every relationship combina- OPENING UP: A GUIDE TO CREATING tion imaginable. It is not uncommon for one part- AND SUSTAINING OPEN RELATIONSHIPS ner to be gay or lesbian with attraction to only their by Tristan Taormino same gender partner while their bisexual partner lives with attraction to more than one gender. Many SEXUAL BIVERSITY of their issues are similar to those in a heterosexual LOVING MY BISEXUAL HUSBAND by Lyndal Coon mixed orientation marriage. O BISEXUAL & GAY HUSBANDS: THEIR WORDS, THEIR STORIES Mixed orientation marriages may include variations by Fritz Klein and Thomas R Schwartz in gender identity. Men and woman who are gender fluid or transgender have many of the same chal- MARRIED WOMEN WHO LOVE WOMEN TRANSCENDING by Carren Strock lenges in maintaining a loving relationship with the person they love, especially when the gender varia- BOUNDARIES tions emerge later in the relationship. -
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.................................................................... -
Review Essay Bavinck on the Family
Journal of Markets & Morality Volume 16, Number 1 (Spring 2013): 219–237 Copyright © 2013 Review Essay Bavinck on the Family and Integral Human Eduardo J. Echeverria Development* Sacred Heart Major Seminary, Detroit Herman Bavinck (1854–1921) writes with breadth and depth on the Christian family in this one-hundred-year-old study on a Christian fundamental theology of marriage and family. Given the contemporary attempts of Christians from various ecclesial traditions to revise marriage and family such that marriage between people of the same sex is theologically defensible,1 Bavinck’s book has much to teach us based on his orthodox theological defense of marriage and family life. Of course in the early twentieth century, Bavinck did not have to meet the challenge of a revisionist vision of marriage as we do now. Yet, even then marriage and family life did face the challenges of divorce; open marriage; out-of-wedlock births; cohabitation; and, more generally, licentious sexual living (TCF, 64, 75, 89, 138–39). Bavinck addresses some of these challenges head-on by arguing that a right understanding of the family as the formative and nurturing institution par excellence is essential to integral human development. “A person’s becoming [integrally] human occurs within the home; here the foundation is laid for the forming of the future man and woman, of the future father and mother, of the future member of society, of the future citizen, of the future subject in the kingdom of God” (TCF, 108). I will come back to this argument later. For now, I would like to outline the breadth and depth of Bavinck’s treatment of the Christian family. -
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 . -
Compulsory Monogamy and Polyamorous Existence Elizabeth Emens
University of Chicago Law School Chicago Unbound Public Law and Legal Theory Working Papers Working Papers 2004 Monogamy's Law: Compulsory Monogamy and Polyamorous Existence Elizabeth Emens Follow this and additional works at: https://chicagounbound.uchicago.edu/ public_law_and_legal_theory Part of the Law Commons Chicago Unbound includes both works in progress and final versions of articles. Please be aware that a more recent version of this article may be available on Chicago Unbound, SSRN or elsewhere. Recommended Citation Elizabeth Emens, "Monogamy's Law: Compulsory Monogamy and Polyamorous Existence" (University of Chicago Public Law & Legal Theory Working Paper No. 58, 2004). This Working Paper is brought to you for free and open access by the Working Papers at Chicago Unbound. It has been accepted for inclusion in Public Law and Legal Theory Working Papers by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 58 MONOGAMY’S LAW: COMPULSORY MONOGAMY AND POLYAMOROUS EXISTENCE Elizabeth F. Emens THE LAW SCHOOL THE UNIVERSITY OF CHICAGO February 2003 This paper can be downloaded without charge at http://www.law.uchicago.edu/academics/publiclaw/index.html and at The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=506242 1 MONOGAMY’S LAW: COMPULSORY MONOGAMY AND POLYAMOROUS EXISTENCE 29 N.Y.U. REVIEW OF LAW & SOCIAL CHANGE (forthcoming 2004) Elizabeth F. Emens† Work-in-progress: Please do not cite or quote without the author’s permission. I. INTRODUCTION II. COMPULSORY MONOGAMY A. MONOGAMY’S MANDATE 1. THE WESTERN ROMANCE TRADITION 2. -
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.