Polygamy, Religion, and the Law Research Proposal

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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.

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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

have not sanctioned polygamy since the late 19th century when their series of Supreme

Court challenges were rejected by the Court. Nevertheless, radical splinter groups from the Christ's Church of the Latter Day Saints still permit polygamy, which may account for the common erroneous perception that Mormonism still supports polygamy in modern times.

In fact, no major recognized Christian church still permits polygamy in marriage, although modern secular law has adopted a trend of loosening other traditional constraints on the definition of marriage. Unless future argument at the Supreme Court

level are successful, it is doubtful that mainstream Christians will recognize polygamy......

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