Polygamy : Human Rights And Civil Liberties

The Canadian nation prides itself on being accepting of its diversity and multiculturalism. One specific area many are grateful for the diversity and openness within Canada, is marriage; the legal or formal recognition of two individuals as partners in a relationship. (Google, 2014). With the consistent flow of immigration, marriage between the majority populations of White European people has increased between the Minority populations, including, but not limited to African Americans, Asians, Hispanics and American Indians. This stated, society still holds many judgements and stereotypes about the formation of these relationships and interracial marriage. How societal views have changed over the past few decades, opinions of those

Most would equate their struggle and first for equality to gay marriage. This is mostly due to so much acceptance of those individuals that do not fit the mold of the typical monogamous man and women marriage. We are far from a city that is accepting of this union or are we? Recently families who practice polygamy have been in the public increasingly. Modern day television series such as the Sister Wives follows a family in a polygamous union who documents their day to day life and the struggle that we mentioned in the previous paragraph. This family lives their life in peace which reverts back to my stance on the issue in which the laws that currently exist around polygamy unions are good as they are. Reporter Amy Robek of the 20/20 news show reported on the Fundamentalist Church of Jesus Christ of Ladder Day Saints Polygamy Compound in a documentary titled “Secrets of the Mormon Cult: Breaking Polygamy”. This documentary was filmed after the prosecution of the cult leader of the FLDS compound Warren Jeff’s. They got a rare inside look on what life is like within compounds, shedding light to outsiders the daily operations and schedules the sheltered people. What they discovered was these families are hold a lower standard of education, health care, and nutritional values. From

The next argument the Plaintiff makes is about how damaging polygamy would be on our society, especially for women. The prosecutors refer to Reynolds v. United States (1878) and mention how other countries that allow Polygamy have a high rate of discrimination toward women. Therefore, the Plaintiff is arguing that allowing Polygamy would negatively affect the individual rights of women in the United States. The Plaintiff quotes Justice Waite’s opinion, “and from the earliest history of England Polygamy has been treated as an offense against society.” The Defendant, should not be allowed multiple wives, because it will lead to a more patriarchal society. The women in this civil contract would be limited due to the men of this religion having more control of

The concept of the rights revolution in Canada is one that is thoroughly explored by Michael Ignatieff in The Rights Revolution, 2007. To Michael Ignatieff the rights revolution (the creation of laws surrounding the rights of a diverse Canada) achieved what it set out to accomplish – equal rights for all Canadians, no matter their ethnicity, gender, social status, sexual orientation, or age (Ignatieff, 2007). For modern day Canadian families it is important to recognize that this is not the case. In many cases the laws enacted around family law do not protect the interests of the individual or the group. In divorce court women are often favoured over men, simply because of their gender. Furthermore, there are cases where the race of the child

Within Canada we have a generous amount of freedom but this leads to the abuse of our system. This is especially true with regards to polygamy in Bountiful, BC. Because women are susceptible to mental abuse in polygamist relationships it should continue to be illegal in Canada. If this law is in enforced it would help women to be freed of the oppression caused by male domination, eliminate the need for women to suppress feelings that conflict with the ideals of the polygamy life, and aid in avoiding depression resulting from the build-up of concealed feelings.

Everyone wants that special someone with whom they will spend the rest of their life. That someone who will help raise a family and instill great values in their children. But what happens when that person takes more than one spouse? What if they as children with more than one partner? This practice is called polygamy and, by all standards, should be illegal.

According to section 15. (1) of the Charter “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” Considering the harm inherently associated with polygamous marriages, the limitation imposed by the state to engage in systemically harmful behaviour does not limit the equality rights of those potentially involved in polygamous marriages.

Canada has had a long history of multiculturalism, having been the first country to formally declare it a policy in 1971 (Reidel 2009). Like what Pierik (2014) and other scholars have recommended Canada maintains neutrality by remaining committed to individual freedoms and human rights as interpreted by the Canadian Charter of Rights and Freedoms (Reidel 2009). The opposition to legalizing same-sex marriage provides a fascinating example of how Canada’s government manages both neutrality and multiculturalism. Those opposing same-sex marriage made arguments based on cultural and religious beliefs and asked that Canada’s government favor their interpretation (Reidel 2009). They argued that extending the right to marry same same-sex couples would violate their beliefs and lead to a deterioration of society (Reidel 2009). However, in this case, the demands for accommodation made by various religious and cultural groups were

However, Canada as a nation has long since understood to place limits on rights that she feels to be causing to society and to any vulnerable populations within her citizenry. Vulnerable populations such as women and children. Section 1 of the Canadian Charter of Rights and Freedoms is the grounds for the Oakes Test, a provision for these limits. The Oakes Test is to see whether or not a law which infringes upon any rights that appear thereafter in the Charter can be seen as necessary according to the values of the public. According to the Supreme Court of Canada in its upholding of the polygamy laws, they view this ban as constitutional despite alleged infringements on religious freedoms. Polygamy as an institution is harmful to women and to children that are coerced into this sort of lifestyle, and also it hurts the larger society whose values and beliefs it violates (Bala,

​Canada is often seen as a leader in the gay rights movement and it has a long history of providing rights to those that identify as homosexual (BC Teachers’ Federation, 2016; Cotler, 2015). As far back as 1969, Prime Minister Trudeau passed Bill C-150 which amended the Criminal Code to decriminalize “gross indecency” and “buggery”; if committed between two consenting adults if they are over 21 (BC Teachers’ Federation, 2016). The Code was further amended to drop the age of consent for anal sex from 18 and 14 for other sexual activity and it was recognized that a higher age for consent of anal sex was unconstitutional (BC Teachers’ Federation, 2016). Since then there have been many changes to the political and social system in Canada to be able to improve the rights not only individuals whom are part of the LGBTQ community, but also for those whom are in same sex relationships (BC Teachers’ Federation, 2016). As of 2005, same-sex marriage was legalized in Canada; however, there is still debate of whether or not same-sex legalization has legitimized same-sex partnerships within society (Colter, 2015). Many cases that have come before the court regarding homosexuality and same-sex marriages have argued that the actions of society are a direct violation of people’s s.15 rights in the Constitution; which allows for every person to be treated equally and bear the freedom of religion (Supreme Court Judgements, 2004). It will be argued that Canada has created equal rights for

The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. As a heavily campaigned development currently discussed in law assessment; these extremely confrontational and debatable political questions are facing present day American courts. If same-sex marriage is legalized, its affect on the parents, children, same sex couples, families, and the social and political world will be astronomical. The arguments surrounding the issue though confrontational nonetheless are easily seen from a wide array of perspectives. One of the perspectives states that marriage is a promise to a spouse to stay loyal and faithful in all

Marriage is a social institution that is practiced globally. Traditionally marriages are known to occur between one man and one woman. However, cultural values and time have reshaped and birthed new types of marriages. Polygamy is a type of marriage that is often practiced around the world specifically in Asia, Middle East, and Africa. Polyamorous marriages have been in existence for centuries. Polygamy is classified into two categories, polygyny, and polyandry. Polygyny is the most popular type of polygamy, in this type of polygamous marriage, a man is married to multiple women. On the other hand, polyandry which is the least familiar type of polygamy is where a woman is married to multiple husbands. The intolerance of Mormons in the United States has led to the outlawing of polyamorous marriages. The Morrill Anti Bigamy law of 1862 outlawed the practice of polygamy in the United States. Like many other laws, this law can be overturned. In fact, it should be reversed because illegalizing polygamy is unethical. Polygamy should be legalized because it is unconstitutional for it to be illegal, same-sex marriages and interracial marriages are legal, therefore so should polyamorous marriages. In addition, legalizing polygamy would prevent immigrant families who practice polygamy from being separated and it would also strengthen the feminist movement.

Polygamy is the practice of having more than one spouse and is culturally accepted in many parts of the world, but is illegal in the United States. There are two well known forms of polygamy, both of which are still presently practiced in numerous cultures globally, polygyny and polyandry. These practices take place in societies where it is important to have either more men or more women in a families’ household based on the kind of environment they reside in. This paper is going to take a look at who practices polygamy, the history of polygamy in the United States, and how this kind of polygamous lifestyle affects the children that are the products of these family structures.

Historic change in American matrimony is especially pronounced in three areas: the equalizing of the respective rights and duties of wives and husbands, the dissolution of marital prohibitions based on race, and the evolution from state-defined grounds for divorce to couple-defined no fault divorce. The most recent area of debate is whether the state should sanction marital consent between same-sex couples. Although such a prospect is unthinkable to some, earlier forms of legal marriage are equally unimaginable now.

The same-sex marriage issue has ignited worldwide. Joseph Chamie- the previous director- and Barry Mirkin-the previous Population Policy Section Chief- of the UN’s Population Division aim to present up-to-date statistics and information on the same-sex marriage debate in “Same-Sex Marriage: A New Social Phenomenon.” They mention that same-sex marriage is a “recent phenomenon” that will possibly stick around for years in many countries because societal, religious, and legislative controversies continually revamp its debate (544). The issue is labeled “recent” because “…SSM [same-sex marriage] did not exist until the twenty-first century when an increasing number of countries began permitting same-sex