Polygamy, Religion, and the Law

Polygamy, Religion, And the Law

The First Amendment to the U.S. Constitution specifically prohibits the government from either establishing or restricting the free exercise of religious worship.

Nevertheless, there are limits as to what conduct can be permitted as part of the "Free

Exercise Clause." Specifically, the justification of religious worship cannot exempt human sacrifice, the use of hallucinogenic drugs, the withholding of necessary medical care from children, or polygamous marriage.

Several religious groups have attempted to practice polygamy as part of their religious worship, but polygamy is illegal in all fifty states. Contrary to popular belief, the Church of Jesus Christ of the Latter Day Saints (i.e. The Mormon Church) no longer practices polygamy, having specifically outlawed it many years ago.

Defense of Thesis:

Monogamy is the principal feature of the institution of marriage and in many

ways is the sine qua non-of what marriage actually is in Western society. Especially in the realm of marriages sanctioned by the Christian Church, polygamous marriage is inconsistent with the values and ideals that define marriage in modern Christian society.

The original basis for the claim to the right to maintain plural marriage is in several

biblical passages, but as pointed out by Saint Augustine, the purpose of those pronouncement was to compensate for the low birth rate in biblical societies. That practice persisted into the Middle Ages, particularly immediately after major wars that had depleted the numbers of able bodied males

Toward the end of the 19th century, the Mormons challenged the constitutionality of laws prohibiting plural marriages as a violation of the First Amendment. However,

after losing the last of a series of cases in the Supreme Court in 1890, the Church also reversed its position and officially declared plural marriages improper. Since then, mainstream Mormons (and other Christians) have prohibited polygamy although more radical splinter groups have continued the practice into the modern era despite being illegal at law in every state.

Without addressing whether or not the need to replenish human populations

justified polygamy in earlier times, the situation in modern times is that overpopulation is

the issue not under-population of the planet. In the modern era, polygamy presents much more dangerous health risks, such as HIV / AIDS from sexual encounters outside of monogamous marriage that were unknown to previous generations. Moreover, modern knowledge about human family and spousal relationships in the realm of human psychology provide a more scientific basis for limiting the social institution of marriage to a sexually monogamous relationship between husband and wife.

Opposition Argument:

On the other hand, from the legal perspective, the argument that constitutional principles justify reconsidering the issue that polygamy (unlike human sacrifice) warrants

First Amendment protections of the free exercise of religion. For one thing, the modern

Supreme Court has recognized a right of privacy that emanates from the enumerated rights and privileges ever since the 1960s, that could play a role in a modern reanalysis of polygamy at law. Second, while the Equal Protection Clause was available prior to the

19th century decisions about polygamy, equal protection as a legal concept had not yet developed and only became potentially useful to support polygamy in the 20th century.

From a legal perspective, it may be more difficult to uphold anti-polygamy laws today, precisely because, (unlike human sacrifice or the unauthorized consumption of controlled narcotics), the actual act of maintaining multiple sexual relationships is not legally prohibited. Unmarried individuals of both genders may legally pursue multiple sexual relationships, which could be considered a violation of equal protection if that same act is legally prohibited for married people. Finally, whether or not monogamy is healthier or better than polygamy, there are undoubtedly people who do maintain satisfying long-term polygamous marriages.

Conclusion:

Polygamous marriage is illegal throughout the United States and in most countries in the world. In biblical times, the risks and problems associated with polygamy may have been outweighed by the necessity of fulfilling God's instruction to be fruitful and multiply. However, in post-biblical times, polygamy was outlawed in secular human society and only a few Christian perspectives still permitted the practice. The Mormons