Plasmaball
Gold Member
- Sep 9, 2010
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'Sister Wives' case: Judge strikes down part of Utah polygamy law - CNN.com
The link is pretty basic, but it includes a link to the court opinion. The pertient info that the ban on polygamy was upheld, but the ban on multi partner relationships was overturned. The opinion is interesting. First, it notes the County Attorney and State didn't really respond, which strikes me as curious.
Secondly, and more importantly imo, the polygammy ban was allowed to stand mainly on historical grounds, which strikes me as bogus considering emerging judical views of same sex marriag. Thirdly, and imo even more bogus, is the court found no "rational relationship" between a legit govt function and a ban on mulitple partner cohabitation ... or Sister Wives setups.
Having lived for for years near sister wive setups in Western Wyo, these relationships entail under age girls being coerced; under age males "run off" so as to reduce competition for females; and the pursuit of higher education being diminished. However, if the govt cannot, or will not, prove the rational relationship between the law and deterring the societal harm, then the law should fall.
It is for the reasons you state that polygamy should be banned. A rational reason can be given. Harm can be proven. As you said, polygamy too often leads to underaged brides and the oppression of women.
The court ruling basically says you can shag as many chicks under one roof as you like. You just can't marry them all.
Yet the law was struck down, interesting.
By the way, harm is only demonstrated if polygamy is in a manner that would be considered to be discrimination under current law. If women can have as many husbands as men can have wives there is absolutely no evidence that it is harmful.
It was kinda not but sorta struck down.