The Question: I really did write a LONG reply to your closed society piece. Sorry, it got lost in the mail.Here's a question for you.
If Mexican illegal immigrants should be deported or jailed (because their entry was illegal), why shouldn't polygamists be jailed for bigamy? Do you think the crime should be changed back to a misdemeanor and 6 months, or should that law be repealed altogether?
The Answer: I hope you will send me another copy of your thoughts on my
Society closes a closed society piece. I'll look for it.
Thank you for the great questions! I will address them in order. . .Why shouldn't polygamists be jailed for bigamy?
I want to turn the question around and invite you to consider - why should polygamist be jailed for bigamy?
Some would say, "it just ain't legal". . . As Thoreau put it in Civil Disobedience "Law never made man a whit more just." Frankly, anti-bigamy laws are unjust and America has had its history of unjust laws that were rightly defied by her citizens in an effort to pull society's collective head out. Where would we be if Susan B. Anthony had not endured fines and imprisonment by casting her illegal ballots. And what if Rosa Parks had obeyed the law and moved to the back of the bus? As Charles Louis de Secondat rightly stated, ""government should be set up so that no man need be afraid of another" The just laws of a just government should protect the rights of the individual against abuses by the government, the majority, and other individual who would criminally infringe on them. Laws based on the bigoted and ethnocentric view of the majority, established to deny the individual right to family, conscience and freedom of religion are the epitome of unjust regulation.
The US Declaration of Independence restates the truth that "all men are created equal" before the law. Laws should be about punishing crimes, not minority groups with practices different from the majority. What is applied to the polygamist goose should be applied to the monogamist gander. Words cannot express the rank hypocrisy of ribald politicians and legislators who formulate and pass laws, prosecute citizens, seize assets, and break up families to pander to the prejudices of their majority constituents.
Through the process of judicial precedence and based on the legal concepts of penumbras and emanations, the US judicial system established the right of privacy. (Griswold v. Connecticut, Eisenstadt v. Baird, and Lawrence v. Texas) The outcome of these judicial cases held that adults are entitled to participate in private, consensual sexual conduct. State and Federal laws that regulate intimacy touch "upon the most private human conduct, sexual behavior, and in the most private of places, the home," and attempted to "control a personal relationship that . . . is within the liberty of persons to choose without being punished." By contemporary US legal standards anti-polygamy/anti-bigamy laws, former and current, are illegitimate and arrant. Polygamy is no more a crime than any other alternative lifestyle engaged in by consenting adults. Polygamy is not inherently a crime.
But others would argue, "polygamy is abuse! What about protecting individuals from the criminal acts of other individuals? Especially children and those who are unable to protect themselves!" Polygamy is NOT abuse no matter how often politicians and pundits repeat this mantra. Abuse is abuse and heinous whether it is perpetrated by polygamists or monogamists.
Some might argue that abuse is more frequent and systemic among polygamists than monogamists. Again, this is a baseless assumption founded in bias and prejudice with no evidence to support the claim. Certainly their are polygamist cults which engage in a variety of systemic abuses. But there are plenty of monogamist cults which engage in the same abuses. Destructive cults are destructive cults; abuse is abuse; and whether you are a Warren Jeffs or a Jim Jones, the systemic abuses indicative of destructive cults are equally vile and should be suppressed by civilized society with similar fervor. What is more, the majority humanity's civilizations (historically & currently) accept and/or engage in polygamist marriage systems. To say that they all are or were abusive is a supreme example of Western, puritanical ethnocentric arrogance.
In summary, polygamists shouldn't be jailed for bigamy because it is:
- Unjust
- Illegal
- Hypocritical
- Bigoted
And it is just plain wrong.
Now for your second question: Do you think the crime should be changed back to a misdemeanor and 6 months, or should that law be repealed altogether?
Of the the two, I would choose the second - the law should be repealed along with any other laws that target a minority group, religion, or lifestyle. However, it would be more feasible and reasonable to accept decriminalization.
Having said this, let me reiterate that I believe anyone who engages in child abuse, statutory rape, forced marriages, underage marriages, and any other criminal behavior should be prosecuted to the full extent of the law, the law that applies to everyone. Let's prosecute the real crimes, protect the innocent and end the politicized posturing of the self-righteous.
I hope my answer has provoked some thinking, some agreement, some disagreement. . . I look forward to more great questions.