Decriminalizing Polygamy - Another View
Posted by John Llewellyn at 15 Oct 2009, 6:57 AM 
Categories: Mormon Polygamy, Cultural Norms, Legal
Tags: Mormon Polygamy Decriminalization of Polygamy
Categories: Mormon Polygamy, Cultural Norms, Legal
Tags: Mormon Polygamy Decriminalization of Polygamy
John,
A cogent and comprehensive response to your arguments that polygamy remain criminalized will require a rather long response which should not be laid out in a single article in the interest of clarity and completeness. I would like to treat this issue in several articles which will allow your readers a better opportunity to address one issue at a time if they wish to comment. Thank you in advance for allowing me a forum to discuss this most important issue which has serious implications for nearly 50,000 people in the United states.
Your personal feelings are completely understandable considering your personal experiences and sense of betrayal you have for the way the AUB managed it's affairs under the tutelage of Owen Allred. However,despite the apparent abuses by some men in authority in the Mormon Fundamentalist societies, the broad brush of opprobrium with which you paint their situation is, in my opinion, unfair. Allow me to explain.
Reasons for the decriminalization of polygamy fall into several categories of which I will address only one in this article:
1. Constitutional grounds
a. Separation of Church and State
b. Equal protection under the law
2. Unnecessary costs to society
3. Respect for sincerely held religious beliefs
3. Human nature
Human nature being what it is the old adage "A man convinced against his will is of the same opinion still" holds true today as when some wise person first made the observation.
As is obvious by the numbers of active polygamists, the forced criminalization of polygamy by the Federal Government on the state of Utah through it's constitution has not done much to halt the practice. In fact the criminalization of polygamy has done a huge injustice to both society and those who choose to practice plural marriage.
Maintaining criminal sanctions for polygamy does nothing but exacerbate the problems of "wicked men" exercising "unrighteous dominion" over their followers. In fact it makes the situation worse. Branding so many people as criminals automatically separates them from the greater society and forces them closer inwards to situations where they can be abused more easily without fear of state intervention..
Certainly you are aware from your own experiences that people who are viewed as criminals by the greater society naturally withdraw from that society and into themselves, therefore being less likely to approach authorities in any situation, especially if they are women and children who have been taught since childhood that the greater society is evil.
It is a big enough problem with cults led by unscrupulous people (they are not all men) who try to isolate their members in order to control them. It is a bigger problem on the individual level when people are criminals by definition for living a religious precept which can be inimical to society solely because society has declared it to be so.
It is my opinion that giving the option for those involved in polygamous marriages to join the greater society without fear of being branded and prosecuted as criminals would, in time, be beneficial and a greater counter weight to abuse within polygamous societies as the law will eventually be looked on as a protector rather than a persecutor by many of the people. Therefore they will be much more likely to seek the assistance of government when abuse occurs.
Certainly you remember the days you first joined the ranks of law enforcement and homosexuality was a criminal offense? During time in the sheriff's office did you ever arrest consenting adults for homosexuality? Did any punishment they received at the hands of the law deter them from being homosexual? An finally, has the legalization of homosexuality damaged the body politic of the United States so bad that past persecution of homosexuals was worth the time and money the government has put into suppressing and changing this behavior (with no success)?
In short, John, you know as well as I that human behavior is such that determined people holding a deeply personal belief in a world view different from the greater society very seldom changes their beliefs under government pressure. They may change but it will be because of their own experiences and decisions.
Society will not crumble if polygamy is decriminalized rather confidence and approval for government will increase in the polygamous communities allowing greater access to the larger society that will, on the whole, enrich the lives of many people now frightened of society because they are criminal by fiat not by damage to society.
Mahonri
A cogent and comprehensive response to your arguments that polygamy remain criminalized will require a rather long response which should not be laid out in a single article in the interest of clarity and completeness. I would like to treat this issue in several articles which will allow your readers a better opportunity to address one issue at a time if they wish to comment. Thank you in advance for allowing me a forum to discuss this most important issue which has serious implications for nearly 50,000 people in the United states.
Your personal feelings are completely understandable considering your personal experiences and sense of betrayal you have for the way the AUB managed it's affairs under the tutelage of Owen Allred. However,despite the apparent abuses by some men in authority in the Mormon Fundamentalist societies, the broad brush of opprobrium with which you paint their situation is, in my opinion, unfair. Allow me to explain.
Reasons for the decriminalization of polygamy fall into several categories of which I will address only one in this article:
1. Constitutional grounds
a. Separation of Church and State
b. Equal protection under the law
2. Unnecessary costs to society
3. Respect for sincerely held religious beliefs
3. Human nature
Human nature being what it is the old adage "A man convinced against his will is of the same opinion still" holds true today as when some wise person first made the observation.
As is obvious by the numbers of active polygamists, the forced criminalization of polygamy by the Federal Government on the state of Utah through it's constitution has not done much to halt the practice. In fact the criminalization of polygamy has done a huge injustice to both society and those who choose to practice plural marriage.
Maintaining criminal sanctions for polygamy does nothing but exacerbate the problems of "wicked men" exercising "unrighteous dominion" over their followers. In fact it makes the situation worse. Branding so many people as criminals automatically separates them from the greater society and forces them closer inwards to situations where they can be abused more easily without fear of state intervention..
Certainly you are aware from your own experiences that people who are viewed as criminals by the greater society naturally withdraw from that society and into themselves, therefore being less likely to approach authorities in any situation, especially if they are women and children who have been taught since childhood that the greater society is evil.
It is a big enough problem with cults led by unscrupulous people (they are not all men) who try to isolate their members in order to control them. It is a bigger problem on the individual level when people are criminals by definition for living a religious precept which can be inimical to society solely because society has declared it to be so.
It is my opinion that giving the option for those involved in polygamous marriages to join the greater society without fear of being branded and prosecuted as criminals would, in time, be beneficial and a greater counter weight to abuse within polygamous societies as the law will eventually be looked on as a protector rather than a persecutor by many of the people. Therefore they will be much more likely to seek the assistance of government when abuse occurs.
Certainly you remember the days you first joined the ranks of law enforcement and homosexuality was a criminal offense? During time in the sheriff's office did you ever arrest consenting adults for homosexuality? Did any punishment they received at the hands of the law deter them from being homosexual? An finally, has the legalization of homosexuality damaged the body politic of the United States so bad that past persecution of homosexuals was worth the time and money the government has put into suppressing and changing this behavior (with no success)?
In short, John, you know as well as I that human behavior is such that determined people holding a deeply personal belief in a world view different from the greater society very seldom changes their beliefs under government pressure. They may change but it will be because of their own experiences and decisions.
Society will not crumble if polygamy is decriminalized rather confidence and approval for government will increase in the polygamous communities allowing greater access to the larger society that will, on the whole, enrich the lives of many people now frightened of society because they are criminal by fiat not by damage to society.
Mahonri
Comments