Gay marriage: A slippery slope to polygamy?

Opponents of gay marriage have often raised the specter that it will inevitably lead to the legalization of polygamy. This has been an effective tactic because while homosexuality has enjoyed growing social acceptance, polygamy remains unpopular.

Conservative commentator Charles Krauthammer explained in a 2006 Washington Post editorial how the legalization of polygamy follows logically from gay marriage:

After all, if traditional marriage is defined as the union of (1) two people of (2) opposite gender, and if, as advocates of gay marriage insist, the gender requirement is nothing but prejudice, exclusion and an arbitrary denial of one’s autonomous choices in love, then the first requirement — the number restriction (two and only two) — is a similarly arbitrary, discriminatory and indefensible denial of individual choice.

The relative success of gay marriage, it seems, has already inspired new efforts to legalize polygamy. Last week, George Washington law professor Jonathan Turley filed a legal challenge to Utah’s anti-polygamy statutes on behalf of his plaintiffs, Kody Brown and his four wives. The Browns are the subject of the hit reality show “Sister Wives.”

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Religious double standards in the Elizabeth Smart trial

In June 2002, 14-year-old Elizabeth Smart was kidnapped from her Salt Lake City home by Brian David Mitchell. Mitchell, a homeless street preacher, claims to have been commanded by god to take her as a plural wife. Smart was held captive by Mitchell and his legal wife Wanda Barzee for 9 months until March 2003, when she was spotted in Sandy, Utah.

The Elizabeth Smart story is back in the news, with Brian David Mitchell finally facing trial. If convicted, he will be sentenced to life in prison. Mitchell’s defense team is invoking the insanity plea. In response, Smart (who is on leave from her LDS mission for the trial) testified that Mitchell’s religious beliefs are not sincerely delusional, but calculated and self-serving.

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The Allreds on living and leaving polygamy

Sunday evening, I attended a presentation at the University of Utah by one of my favorite high school history teachers, Vance Allred. He and his wife recounted their experiences of living in a polygamous cult, and explained why they brought their family out of polygamy in 1993.

Vance prefaced his life story by giving a historical overview of Mormon polygamy. He noted that Joseph Smith first addressed the issue of polygamy in the Book of Mormon, where the practice is conditionally condemned. Several years later, Joseph Smith received a revelation (D&C 132 ) that “celestial marriage” (polygamy) is a commandment and required for exaltation.

Polygamy was secretly practiced by Joseph Smith as early as 1833, and practiced to greater extent nearly a decade later in Nauvoo. Once in the Utah territory, free from mob violence and federal reach, the LDS Church began to openly practice polygamy.

Vance then detailed the historical events that resulted in the church’s abandonment of polygamy. There was a series of federal laws passed to outlaw polygamy. Among the first was the Morrill Anti-Bigamy Act, signed by Abraham Lincoln. The most draconian law was the 1887 Edmunds-Tucker Act, which disincorporated the LDS Church, dissolved its assets, and resulted in the imprisonment of many prominent Mormons. These and similar laws were deemed constitutional as per Reynolds v. United States, the case in which the Supreme Court ruled polygamy was not a protected religious practice.

Under such legal and political duress, LDS Church President Wilford Woodruff issued the 1890 Manifesto—an official denunciation of polygamy. (Polygamy, though, wasn’t really discontinued until the Second Manifesto in 1904, during the Reed Smoot hearings.)

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