posted on Jul, 13 2011 @ 08:39 AM
The question of bigamy or polygamy is coming up again, the statement to show a parallel between this issue and gay marriage, has been brought up. And
each needs to be discussed one at a time.
To understand the issue at the heart of the matter, the question of gay marriage, at the heart of the issue is the question of the legality of 2
people, who are of the same sex, being allowed to marry, and thus gain the benefits, rights and protections under the laws of the country, recognized
and ultimately ensuring equality, for those 2 people to have the same right as everyone else in the country, it is a question of equality under the
eyes of the law. At this present time, 2 people who are of the same sex, who love each other, can not get married, and thus are not entitled to the
same protection under the law. All legal cases that are raising the question of the legality of Gay marriage is forging new legal precedent in the
Polygamy is something totally different, as that ground and question has been asked before, and been through the court and legal system. The relevant
cases are: Reynolds V. USA, 1878. The first argument that was used, is that it was the religious duty of Reynolds, in this case failed due to the
separation of church and state. The other aspect, is that there was no difference between polygamy and bigamy, Reynolds could not show a difference
between the 2 of such.
The other court case is The Late Corporation of the Church of Jesus Christ of Latter Day Saints V USA, 1890, where this question was brought up about
the constitutionality of polygamy and if congress has the power to criminalize polygamy in all of the USA. It was decided at that time that said
church would no longer act as a business and act more like a church.
But there are further implications to this issue, that are not brought up, or mentioned by the op, or in the articles, or even discussed, and the
first is that is the difference between polygamy and bigamy? After all in both, one male marries multiple women, and often have large families. At
what point should a person say enough is enough, how many spouses does one person really need? 2, 5, 8, 20? And the matter of support for those who
choose to divorce, and what of the children? Then there is one side aspect that has never been brought up, what about those who are Muslim and follow
the Islamic faith. They too could demand the right to have multiple wives, and would use such as an argument to be given the rights, and that would
open the door to the very idea of Sharia being used as part of the law of the land.
So there you go, the main difference is that the issue of Gay marriage has never been brought through the court cases, and 2 people of the same sex
are set upon with a denial of the freedom to marry who they choose, while those who want polygamy already have that right and have already been
through the courts on legal grounds.
And the moment that polygamy becomes law, that is where Islamic Sharia will come into play in the USA, as those who are of the Muslim faith will want
the ability to divorce in accordance to their beliefs. Open that door and it may come back to hit every one in a way we do not want or desire.