Heath:
The problem is that the difference in societal values now is making the equal rights argument trump and therefore require the government to allow any kind of marriage that can be linked to a right.
That's what those who oppose gay marriage say, but I've not heard anyone actually argue
for that stance. Plenty of people will tell you "if we allow gay marriage, then we
have to let people marry horses!" but nobody that I know of is arguing for that position, or saying that any and every type of marriage that anyone wants needs to be allowed. It's a strawman argument used to turn people against gay marriage, not something that's actually being promoted.
Heath:
Also, this goes to the question in the gay marriage claims: Is it about "marriage" or the "acts/practices" in marriage? If the gay marriage argument is successful, I don't see any way around the same result with polygamy. In fact, polygamy has an even better leg to stand on because it is based on a fundamental right of the constitution (freedom of religion). The gay rights issue is not based on that, but instead on the 14th amendment. So there is less scrutiny with gay marriage (i.e., only a rational reason, not a compelling reason to disallow the marriage).
Perhaps, but again, my understanding is that saying "my religion requires that I do X" is not a free pass to making the government allow X. The government CAN ban things that religions require, and it's not a first amendment violation to do so, IF they have a purely secular reason for doing so, and are not doing it to single out that group. Whether the government could make such a case for polygamy, I don't know, since I really haven't heard the arguments for either side, but I would say it's not as simple as just saying "it's a religious issue so we win!"
Heath:
But is it a compelling reason to ban them for other reasons?
Don't know, I'd need to hear the other reasons, I guess.
Heath:
I think where your misunderstanding here is you are looking at the violation against promoting a religion (i.e., separation of church and state). I am looking at preventing someone from practicing their religion (i.e., freedom of religion). These are different standards. The secular argument applies only to the first; the equal protection, etc. applies to the second.
From my understanding, the secular standard applied to laws that affected the freedom of religion part. I think this:
http://en.wikipedia.org/wiki/E...nt_Division_v._Smith
is the relevant case. In which:
quote:
"It is a permissible reading of the [free exercise clause]...to say that if prohibiting the exercise of religion is not the object of the [law] but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended....To make an individual's obligation to obey such a law contingent upon the law's coincidence with his religious beliefs, except where the State's interest is 'compelling' - permitting him, by virtue of his beliefs, 'to become a law unto himself,' contradicts both constitutional tradition and common sense.' To adopt a true 'compelling interest' requirement for laws that affect religious practice would lead towards anarchy."
Tycho:
Depends on the religion, I suppose. It was allowed (even required in some situations) by the OT jews, though it also seems that it was frowned upon in at least some of those situations. The early mormon church practiced it, was chased out of a number of locations because of it, eventually agreed to abandon the practice as part of a deal to get Utah statehood, and now apparently considers it an excommicable offense.
Heath:
That last statement isn't accurate. The church always believed that it was one man and one woman, but with a carved out exception where it was required by God in certain circumstances. For example, if a war kills available men, then perhaps in that case it would be an acceptable evil to allow polygamy so women are not deprived of their right to have a husband in this lifetime. It was always a case of the exception to a rule. When practiced, it was only sanctioned for those who proved themselves worthy (like those who demonstrated they were not sexually depraved and were loving and caring fathers and husbands who would be able to handle that hardship).
But if it's not the ideal, wouldn't practicing it undermine the ideal, promote less-than-ideal situations, yada yada yada?
Also, I note that you use the phrase "their
right to have a husband in this lifetime." [emphasis added] Did you really mean that there is a right to have a husband, or should it have said privilege or something else? I ask because I've heard from anti-gay marriage side many, many times that marriage is not a right at all.
Heath:
It was disbanded after revelation, not as part of statehood, and that was based on a revelation that, were it to continue, the church and its leaders would be utterly destroyed. But also, the need for it was not there. They had fled persecution and set up their thriving society in Utah.
Actually, from what I read, the president/prophet at the time had changed the policy in 1889, in reaction to an 1887 act of congress that allowed the government to seize LDS property. His 'revelation' was said to occur in 1890. Also, a condition of Utah being granted statehood was that a ban on polygamy be written into the state constitution. So in short, government pressure came first, then the change in practice, then the supposed revelation, then successful application for statehood with a state ban on polygamy. Even if he did receive a revelation telling him the church would be destroyed if he didn't put an end to it, it would seem that the force threatening to destroy the church was the US government, so either way they caved to pressure from the government.
Also, I'm with sciencemile on the idea that the FLDS church is still "Mormon" even if it's entirely separate from the LDS church. Yes, the two are separate, and people who try to confuse people about that are being dishonest, but at the same time saying "mormons don't practice polygmay" is like saying "christians don't believe the book of mormon." Mormons are keen to be considered as just another sect of christianity, and I think its equally fair to say that the FLDS church and the LDS church are different sects of Mormonism (granted, two with vastly different numbers of followers).
Heath:
But there were really two issues: 1-continuation of entering into polygamy, and 2-divorce of polygamous relationships. The church was less interested in the first issue, but the problem is where the government demanded that the relationships be dissolved under penalty of jail time. Do you divorce your wife because the government makes you? Do you tear those children away from a loving home? Can the government tear asunder what God has brought together? Those were the key issues.
And what is your take on them? Is a loving marriage, but which is only a "necessary evil," something that should be protected? Are children raised in a less than ideal marital situation better off if their parents are married or if they're not?
Heath:
It CAN be immoral; is it always immoral? No. Is it contrary to the normative moral values of our society? Yes.
Due to the last, I would not legalize "polygamous marriage," but I would also not criminalize those who practice it privately...so long as they are not resorting to child abuse and other abuses (but those are separate crimes anyway).
If society didn't disapprove, should it be legal? Does it matter that, in your view, it's not the best situation, or just that society approves it or not?