I’ve argued ad nauseum that the same-sex marriage debate is very different than the polygamy debate (to the extent one exists). One of the key differences is that while same-sex marriage augmented the rights of a group of law-abiding people whose lifestyle the state had no official quarrel with, polygamy is a matter of whether to officially accept a lifestyle that has until now been criminal. Personally I see few parallels between the two debates, especially since so few people would benefit (and only then from ceasing to live every day outside the law) from striking down the law against polygamy and since, to my knowledge, not a single actual polygamist is petitioning for such a development. At the very least the debate is premature — as premature as same-sex marriage would have been in 1968.
Marriage was working just fine, for hundreds and hundreds of years. It’s a coarse aggregate in the concrete foundations of Canadian society. And after all that time, its definition was suddenly and significantly altered (not for the first time) after the briefest tornado of rhetoric, misdirection and both homophobic and human rightsy high dudgeon. If the government does indeed have a role to play in setting the generally accepted definition of “marriage” — something existential, that is, not just the granting of various rights — then it owed Canadians a far more serious examination of those foundations.
(For the record: I don’t think government does have such a role no matter how fervently it believes it does. I also think homosexual couples should have all the same rights as heterosexual ones, which is why I have no problem with SSM as it’s now enacted even though I loathed the terms of the debate.)
Today’s Ottawa Citizen editorial, entitled “Three may not be a crowd,” proposes the same superficial treatment for polygamy:
Canadian legal experts say it’s time for the government to crack down on conjugal relationships with more than two partners, but their argument rests on the dubious proposition that practices that are often bad must always be forbidden.
Well, their argument also rests on the law. Not all “often bad” practices must “always be forbidden” (though that is certainly the current guiding principle of Canadian government), but clearly at some point Canada, and the entire western world, decided that polygamy was, in fact, always bad.
Oh phooey, says the Cit:
The international agreements are meant to stamp out polygamy (the term for the general situation of more than two people in a relationship) and polygyny where it’s used deliberately to subjugate women. Yet to the Canadian researchers, cultural context is irrelevant. Polygyny, they suggest, is inherently degrading to women, in each and every case. They offer dozens of examples of degrading polygynous situations, but the examples are inextricable from the societies in which they occur.
Cultural context is irrelevant to the authors of this editorial, too. They hardly even address the single polygamous culture in Canada — Bountiful, BC, led by the now-incarcerated Warren Jeffs. Bountiful is home to what might be the single group of people who are the most extricable, and extricated, from Canadian society, but the Citizen sees it more like Nelson or the Gaspésie — a little different, sure, but still just another part of Canada’s vast bumbleberry pie. “Women have an array of legal remedies available if they are defrauded [? –ed.] or otherwise abused,” they burble, which is true. It’s also true that tragic numbers of educated metropolitan women who fall victim to abuse fail to avail themselves of those remedies. Can we expect fuller participation from poorly educated women and girls who live under an oppressively paternalistic and (the Cit’s word) “cultish” religion, who “marry” in their teens, who live entirely and deliberately apart from Canadian society?
The Citizen then comes about violently and suggests that “the fact that it [polygamy] is illegal means that when it does happen, those who do it necessarily do it illicitly, without protection if things go wrong.” Wait, what happened to all those legal remedies?
Stories have emerged from Bountiful of young girls brought up in this cultish environment being married off to much older men against their will. Where such crimes are committed, they should be prosecuted.
But that’s exactly the point. They aren’t being prosecuted because British Columbia is too afraid of the Charter to go in and investigate, not because it’s impossible or unethical.
This Charter terror is usually phrased in roughly the terms the Citizen uses:
But if more than two genuinely free, mature people — men or women or any combination thereof — choose to share their lives, can the state legitimately tell them no? The whole argument in favour of same-sex marriage rested on the premise that consenting adults have the right to enter any relationship they like.
…
If “adult” and “consenting” are the key words, then it would be contradictory to turn around and outlaw polygymous arrangements that were freely entered into.
Sounds reasonable — so why is polygamy illegal across the entire civilized world. Inter alia, because the ideas of freedom and consent, to say nothing of social stability (which is one of the primary goals of governments’ historical promotion of monogamous marriage), have long been held to be incompatible with polygamy.
As I’ve said before, when one Canadian man and three Canadian women who do not live in Bountiful, British Columbia decide they want to get married, then let them mount the Charter challenge. It is madness to suggest striking down a law on behalf of hypothetical people when, as the Citizen admits, very predictable and very troubling social problems continue to emanate from the only known people in Canada currently running afoul of the legislation.
I could probably live with legalized polygamy if I knew that young women weren’t being trafficked across North America to be the wives of men they’ve never met, that young men weren’t being left penniless and unloved by the sides of highways, that everyone was free to leave if they so wished. All the evidence suggests that none of those conditions currently exist in Canada, which is bad enough. But the worst part is that we don’t even have the stones to go in and find out for sure. This is certainly not the time to soften our stance on this lifestyle.