“Canada, which redefined marriage nationwide to include same-sex couples in 2005, against the backdrop of successful provincial lawsuits against the country’s marriage law, could be moving on to bigger things — literally. Specifically, polygamy and polyamory, as this case invokes the question of whether the government can continue to criminalize multiple-partner marriages . . .”
- Posted: 09/02/2010
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- Category: Featured
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- Source: spectator.org
- Tags: Category: Global, Country: Canada, Global: Marriage and Family, Topic: Homosexual Agenda, Topic: Marriage, Topic: Polyamory, Topic: Polygamy
Scott Titshaw, A Modest Proposal: To Deport the Children of Gay Citizens, & Etc.: Immigration Law, the Defense of Marriage Act, and the Children of Same-Sex Couples (August 18, 2010). Available at SSRN: http://ssrn.com/abstract=1661276
“This article explores the language, context, legislative history, and purposes of both DOMA and relevant sections of the INA. In the absence of reported cases on point, it reviews opinions in related areas, such as the recognition of children born to concubines or second-wives in polygamous marriages. Finally, it analyzes each relevant section of the INA in turn, concluding that DOMA does not proscribe recognition of parent-child relationships resulting from same-sex marriages under most, or all, of the sections.”
- Posted: 08/25/2010
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- Category: Marriage & Family
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- Source: ssrn.com
- Tags: Category: Marriage and Family, Topic: Federal DOMA, Topic: Homosexual Agenda, Topic: Immigration, Topic: Legal Periodicals, Topic: Marriage, Topic: Polygamy
“One San Francisco judge ordering it so was an arbitrary, heavy-handed act with no other basis than a demand from a powerful activist group. Unless this is overturned, the same playbook will be used to try to institutionalize group marriages, polygamy, and every other iteration of human relationships until marriage is utterly obliterated.”
- Posted: 08/05/2010
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- Category: Featured
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- Source: townhall.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Marriage and Family, Category: Religious Liberty, Country: Canada, State: California, State: New Mexico, Topic: Homosexual Agenda, Topic: Marriage, Topic: Polygamy, ZZ: Elane Photography LLC v Willock, ZZ: Hollingsworth v. Perry
Polygamy in American: How the Varying Legal Standards Fail to Protect Mothers and Children from Its Abuses
Amy Fry, 54 St. Louis U. L.J. 967 (2010)
“Although polygamy is clearly being practiced in shadowed corners, it is a long-established criminal act in the United States. As a result, polygamy has always had an impact on child custody proceedings when practiced by one or both parents. Its controversial presence has had a strong yet varying effect on child custody rulings, as courts struggle to weigh the child’s best interests against parental rights and the freedom to practice one’s own religion. A highly-publicized recent battle is the In re Texas Department of Family & Protective Services case, for which final custody proceedings are still pending. This Note examines the ways courts have balanced these interests and why, what impact this most recent Texas case has on polygamy’s standing in the United States, and where the legal stance on polygamy should be headed. Part I focuses on the problem: how much of an impact should the practice of polygamy have on a child custody ruling? Fleshing out this question requires analyzing the history of the FLDS, the impact the FLDS has on mothers, and the malleable, varying ‘best interests of the child’ tests. Part II examines the impact of the recent Texas polygamy case, discussing the majority stance and the distinction made by its concurring opinion. Part III turns to a 1955 Utah Supreme Court case that exemplifies the position the United States once had towards polygamy. Part IV then compares the recent Texas ruling to the older Utah Supreme Court decision, examining the dangers of the current standard and emphasizing why courts should revert back to taking a stronger stand against polygamy. The illegality of polygamy and its abusive impact on children outweigh a mother’s right to raise her children and practice her religion in an FLDS polygamous sect more often than courts acknowledge. The Utah decision should be strongly considered in future child custody rulings involving polygamy as it signifies a better balance between religious freedom, parental rights, and child custody than the current legal standard.”
- Posted: 07/30/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, Category: Religious Liberty, Topic: Legal Periodicals, Topic: Marriage, Topic: Polygamy
ABC 4 News: “The Hainlines were trying to clear out the work shed of items left by a previous occupant. They were instructed by the Mohave County Sheriff to place the items in a storage unit and then simply give the key to the unit to the old occupant. But as they went to work Tuesday morning, town Marshals showed up with a Temporary Restraining Order signed by the local justice of the peace. The TRO essentially barred them from their own property – namely the shed. … Before they could get answers, the Marshals returned. First, they arrested Matt without a warrant and without explanation. Then they arrested Genevive by pulling her off of the family’s pick-up truck and wrestling her to the ground.”
- Posted: 07/22/2010
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- Category: Religious Liberty
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- Source: www.abc4.com
- Tags: Category: Religious Liberty, State: Arizona, State: Utah, Topic: Polygamy
Prakash Shah, Inconvenient Marriages, or What Happens When Ethnic Minorities Marry Trans-Jurisdictionally (June 2010). Utrecht Law Review, Vol. 6, No. 2, pp. 17-32, 2010. Available at SSRN: http://ssrn.com/abstract=1625649
“This article presents evidence of a trend in the practice of British immigration control of denying recognition to marriages which take place trans-jurisdictionally across national and continental boundaries and across different state jurisdictions. The article partly draws on evidence gleaned from the writer’s own experience of being instructed as an expert witness to provide opinions of the validity of such marriages, and partly on evidence from reported cases at different levels of the judicial system. The evidence demonstrates that decision making in this area, whether by officials or judges, often takes place in arbitrary ways, arguably to fulfil wider aims of controlling the immigration of certain population groups whose presence in the UK and Europe is increasingly seen as undesirable. However, and quite apart from the immigration control concerns underlying such actions, the field throws up evidence of the kinds of legal insecurity faced by those whose marriages are solemnized under non-Western legal traditions and calls into question respect for those traditions when they come into contact with Western officialdom.”
- Posted: 06/18/2010
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- Category: Global: Marriage and Family
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- Source: ssrn.com
- Tags: Category: Global, Global: Marriage and Family, Topic: Immigration, Topic: International Law, Topic: Islam, Topic: Legal Periodicals, Topic: Polygamy
Adriaan Bedner and Stijn Van Huis, Plurality of Marriage Law and Marriage Registration for Muslims in Indonesia: A Plea for Pragmatism (June 1, 2010). Utrecht Law Review, Vol. 6, No. 2, pp. 175-191, June 2010. Available at SSRN: http://ssrn.com/abstract=1625684 This …
- Posted: 06/18/2010
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- Category: Global: Marriage and Family
- Tags: Category: Global, Country: Indonesia, Global: Marriage and Family, Global: Religious Freedom, Topic: Islam, Topic: Legal Periodicals, Topic: Marriage, Topic: Polygamy
Susan Rutten, Protection of Spouses in Informal Marriages by Human Rights (June 2010). Utrecht Law Review, Vol. 6, No. 2, pp. 77-92, June 2010. Available at SSRN: http://ssrn.com/abstract=1625657
“This article deals with one of the aspects of a pluralistic society: the existence of informal marriages. These are marriages concluded in accordance with religious or cultural traditions that do not comply with the requirements of the formal secular legal order. Two aspects of those marriages will be discussed: primarily, whether and to what extent spouses in informal marriages should be regarded and protected by law as spouses, and secondly, whether spouses who are involuntary kept in their informal marriages should be released by and protected by formal law. With regard to both aspects the question will be raised whether human rights could and should serve as a means to offer spouses of informal marriages their desired protection. From recent case law both from the European Court of Human Rights and the national courts, it becomes clear that human rights have only recently and very cautiously started to demand a role in the informal legal orders.”
- Posted: 06/18/2010
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- Category: Global: Marriage and Family
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- Source: ssrn.com
- Tags: Category: Global, Court: European Court of Human Rights, Global: Marriage and Family, Global: Religious Freedom, Topic: International Law, Topic: Legal Periodicals, Topic: Marriage, Topic: Polygamy
Salon: “One of the special experiences at this year’s Sundance Film Festival was seeing the premiere of Reed Cowan and Steven Greenstreet’s wrenching documentary ’8: The Mormon Proposition’ in the Utah mountains, less than an hour’s drive from the world headquarters of the Church of Jesus Christ of Latter-day Saints. Although the film is about how the Mormon church both bankrolled and masterminded Proposition 8, the now-notorious California ballot initiative that amended that state’s constitution in order to deny gays and lesbians the right to marry, it’s in many ways a Utah story . . . ”
- Posted: 06/14/2010
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- Category: Marriage & Family
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- Source: www.salon.com
- Tags: Category: Marriage and Family, Topic: Culture, Topic: Homosexual Agenda, Topic: Media, Topic: Polygamy
The “Licentiousness” in Religious Organizations and Why It Is Not Protected Under Religious Liberty Constitutional Provisions
Marci A. Hamilton, 18 Wm. & Mary Bill Rts. J. 953 (2010)
In this Article, I will first briefly examine the beliefs and practices of the fundamentalist polygamists, primarily but not exclusively the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS), which have led to a cycle of severe and entrenched child sex abuse. The point of focusing upon the fundamentalist polygamists is that their sexual abuse of children is grounded in their religious scriptures and beliefs. Therefore, if there is any religious liberty defense to furthering child sex abuse, they arguably would have the most powerful arguments. Second, I will survey the rich history that establishes that ‘licentious,’ or illicit, sexual behavior was never intended to be protected by free exercise protections in the history of the United States (or Canada), even if religiously motivated. It is beyond the reach of free exercise guarantees, whether in the state or federal constitutions. I will also look to First Amendment doctrine, which further supports categorical exclusions. Free speech cases already recognize this principle in the context of child pornography and exploitation, which are constitutionally unprotected activities. If the First Amendment was not designed to protect the act of creating images of children engaging in sex, it follows that neither should it protect the acts that lead to child sexual abuse itself. Third, I will extend this reasoning to contemporary cases and explain why carving out licentiousness from religious liberty’s reach can keep these cases from negatively affecting other aspects of the doctrine.”
- Posted: 06/08/2010
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- Category: Religious Liberty
- Tags: Category: Religious Liberty, Topic: Legal Periodicals, Topic: Polygamy
Autonomy, Imperfect Consent, and Polygamist Sex Rights Claims
Jacob Richards, 98 Cal. L. Rev. 197 (2010)
“This Comment seeks to determine whether polygamy activism is intelligible within a broader sex rights framework. If so, what insights does such activism offer to the ongoing debates over sex rights? A close examination reveals that the Bronson case is not out of the ordinary in a complex tradition of sex rights claims. Such claims have often had a multifaceted, or even contradictory, relationship with varying ideas of autonomy, equality, and freedom from sexual- and gender-based harm. One of polygamy activism’s most interesting contributions to this tradition is the way it prompts questions about the law’s treatment of an issue that has surfaced in other sex rights claims but has never been satisfactorily resolved: what I will refer to as ‘imperfect consent.’ The term ‘imperfect consent’ describes moments where the ability of a person to consent to an act is questionable either because the act is arguably harmful to the person, or because social or cultural pressures potentially compromise the person’s autonomy. Polygamy raises questions about autonomy and imperfect consent when women claim the right to choose polygamous relationships despite concerns that social or religious coercion may cast doubt upon whether they are choosing such relationships freely. Through a comparison of the legal treatment of polygamy, pornography, sadomasochism, and abortion, this Comment will explore the law’s failure to address questions of imperfect consent in a principled manner and will present suggestions to remedy this failure.”
- Posted: 05/11/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, Topic: Legal Periodicals, Topic: Marriage, Topic: Polygamy
Lost Children: The Abuse and Neglect of Minors in Polygamous Communities in North America
Kelly R. Schwab, 16 Cardozo J.L. & Gender 315 (2010)
“Polygamous behavior has always been considered an unlawful practice. The Supreme Court in Reynolds explicitly held that the Free Exercise Clause does not protect plural marriages in the name of religion. Nevertheless, because of the deeply rooted societal notions protecting religious freedom and privacy, attempts to criminalize the unlawful act have failed; practitioners continue to argue that polygamy is protected by the Free Exercise Clause despite court decisions and legislation to the contrary. In the wake of the YFZ incident, state legislatures have again taken a less tolerant approach toward polygamous behavior, specifically because of the widespread abuse and illegal activity that surfaced in fundamentalist Mormon communities throughout the country. In this Note, I examine religion-based abuse in polygamous communities and how the widespread abuse and neglect of children in Mormon communities of North America is indicative of the conflict between protecting religious freedom and protecting the rule of law.”
- Posted: 05/11/2010
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- Category: Religious Liberty
- Tags: Category: Marriage and Family, Category: Religious Liberty, Topic: Marriage, Topic: Polygamy
Deseret News: “A Utah Supreme Court ruling issued Friday could open a door to recognition of gay marriage, polygamy and underage marriage in Utah, an attorney says . . . The Utah Supreme Court, in a unanimous decision, ruled that a 4th District judge who issued a divorce decree to Neldon and Ina Johnson in 2001 did have the authority to do that. The Johnsons had lived together for 37 years, had children and represented to the outside world that they were a married couple — even though they were never legally married.” | Johnson v. Johnson, No. 20080274 (Utah, May 7, 2010)
- Posted: 05/10/2010
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- Category: Marriage & Family
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- Source: www.deseretnews.com
- Tags: Category: Marriage and Family, State: Utah, Topic: Divorce, Topic: Homosexual Agenda, Topic: Marriage, Topic: Polygamy, ZZ: Johnson v. Johnson
CNN: “Abuya, a 72-year-old preacher based in Malaysia, began lecturing on Islam and polygamy in 1968. He set up the company Global Ikhwan in 1997 and it has thousands of members around the world with clubs similar to the one in Jakarta in Europe, the Middle East and North America. The company provides homes, jobs, businesses, schools and medical facilities to its members. While being a polygamist is not compulsory, most people in the company practice it.”
- Posted: 02/25/2010
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- Category: Global: Marriage and Family
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- Source: edition.cnn.com
- Tags: Category: Religious Liberty, Country: Indonesia, Global: Marriage and Family, Topic: Islam, Topic: Polygamy
Jeffrey Lord responds to Olson’s “Conservative Case for Gay Marriage” in The American Spectator: “The fact that Olson seeks to impose the values of a handful of elite lawyers and judges on the people of California when they have made their views not only plain but constitutionally plain under the law is what concerns. Mr. Olson’s ‘lifetime of exposure to persons of different backgrounds, histories, viewpoints, and intrinsic characteristics” is apparently limited to a resulting sympathy for gays . . . [I]t seems inescapable here that Olson has erred. If he has the passion he expresses for gay marriage, then his time would be more constructively spent for his cause convincing the voters of California and indeed other states. Seek consensus, convince, persuade, make the case. But, outstanding lawyer or not, resist the temptation to ‘resolve’ this by judicial fiat.’”
- Posted: 01/19/2010
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- Category: Marriage & Family
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- Source: spectator.org
- Tags: Category: Marriage and Family, Topic: Homosexual Agenda, Topic: Marriage, Topic: Polyamory, Topic: Polygamy, ZZ: Hollingsworth v. Perry
New York Times: “The Ikhwan Polygamy Club is managed by Global Ikhwan, a company whose businesses include bread and noodle factories, a chicken-processing plant, pharmacies, cafes and supermarkets. Mr. Ikram is a director of the company. While polygamy is legal in predominantly Muslim Malaysia, the club has come under fire from the government and religious leaders, who suspect it may be an attempt to revive Al-Arqam, a defunct Islamic movement headed by Mrs. Hatijah’s husband, Mr. Ashaari Mohamad, who is the founder and owner of Global Ikhwan. Al-Arqam was banned in 1994 for ‘deviant’ religious teachings.”
- Posted: 01/06/2010
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- Category: Global: Marriage and Family
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- Source: www.nytimes.com
- Tags: Category: Global, Category: Marriage and Family, Country: Malaysia, Topic: Islam, Topic: Marriage, Topic: Polygamy
Martin Guggenheim, Texas Polygamy and Child Welfare (September 17, 2009). Houston Law Review, Vol. 46, No. 3, 2009. Available at SSRN: http://ssrn.com/abstract=1474983
“This article explains why the child welfare process was used in the 2008 San Angelo, Texas raid on the FLDS community which resulted in the removal of more than 400 children from their families. It argues that the criminal justice system, not the child welfare system, should be the preferred means by which state officials attempt to prevent the practice of polygamy. The criminal justice system contains many more time honored protections of civil liberties than the child welfare system.”
- Posted: 10/13/2009
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- Category: Marriage & Family
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- Source: ssrn.com
- Tags: Category: Marriage and Family, State: Texas, Topic: Legal Periodicals, Topic: Marriage, Topic: Polygamy
Adrienne D Davis, The Game of Love: Polygamy, Default Rules, and Bargaining for Equality (September 30, 2009). Washington U. School of Law Working Paper No. 09-09-01. Available at SSRN: http://ssrn.com/abstract=1480906
“This Essay shifts attention from the constitutionality and decriminalization debates to a new set of questions: whether and how polygamy might be effectively recognized and regulated, consistent with contemporary social norms. It argues that the gay marriage analogy, invoked on both the ‘left’ and the ‘right,’ is a red herring, a distraction from the real challenge polygamy raises for law – how plural marriage transforms the conventional marital dyad and whether law is up to regulating marital multiplicity.”
- Posted: 10/05/2009
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- Category: Marriage & Family
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- Source: ssrn.com
- Tags: Category: Marriage and Family, Topic: Homosexual Agenda, Topic: Legal Periodicals, Topic: Marriage, Topic: Polygamy
Salt Lake Tribune: “After months of haggling over every period, definition, connotation and allusion, the state’s Safety Net Committee has released a revised guide to understanding so-called fundamentalist Mormon communities in Utah, Arizona and as far away as Missouri and Canada. “The Primer,” as the booklet is known, now has a neutral tone that no longer promotes the idea that fundamentalist Mormons, many of whom practice polygamy, are ‘victims’ of groups who experience more domestic violence or abuse than other populations . . .”
- Posted: 08/21/2009
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- Category: Religious Liberty
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- Source: www.sltrib.com
- Tags: State: Utah, Topic: Polygamy
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