The Need for Change in the Rhetoric Surrounding the Polygamy Debate

Carver Murphy

English 138T
Professor Jan Babcock
15 April 2014

Murphy 1

In recent years, the debate over legalizing homosexuality has come to the forefront of the
national discussion. Cases in the judicial system seem poised to make homosexual marriage legal
across the country in the coming year, or maybe even the next few months. Pop culture TV
shows like Big Love and Sister Wives have also exposed polygamy to the nation. Many
believe that legalizing polygamy is the next civil rights issue after homosexuality. However, both
of these debates are heavily hindered by ignorant rhetoric and logical fallacies. Polygamy should
be discussed alongside homosexuality now, but in the right way. The debate should focus on
legalizing any form consensual marriage and take control of the rhetoric for both debates.
History
To understand the position of polygamy in America, it is crucial to understand its history;
which is quite simply one of persecution. When talking about early polygamy, one cannot ignore
the early Church of Jesus Christ and the Latter Day Saints, also known as Mormons. The
Mormons have a long, misunderstood history in the United States. It is an inaccurate yet
common mistake for someone to assume that all Mormons are polygamous. This is simply not
true; the vast majority are monogamous. It is the Church of Jesus Christ and the Latter Day
Saints official position is that the Bible and Book of Mormon both teach that one woman and
one man is Gods standard, except for special periods of time when he declares otherwise.1
The Church followed such a revelation from Joseph Smith, founder of the church, from
the 1840s.2 The Churchs own history states:
Only the Church President held the keys authorizing the performance of new
plural marriages. In 1890, the Lord inspired Church President Wilford
Woodruff to issue a statement that led to the end of the practice of plural marriage
Plural Marriage and Families in Early Utah, Accessed April 15, 2014, https://www.lds.org/topics/pluralmarriage-and-families-in-early-utah?lang=eng.
2
Ibid.
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in the Church. In this statement, known as the Manifesto, President Woodruff

declared his intention to abide by U.S. law forbidding plural marriage and to use
his influence to convince members of the Church to do likewise.
After the Manifesto, monogamy was advocated in the Church both over the pulpit
and through the press. On an exceptional basis, some new plural marriages were
performed between 1890 and 1904, especially in Mexico and Canada, outside the
jurisdiction of U.S. law; a small number of plural marriages were performed
within the United States during those years. In 1904, the Church strictly
prohibited new plural marriages. Today, any person who practices plural marriage
cannot become or remain a member of the Church.3

The Mormons were persecuted for their beliefs first in New York, then in the Midwest.
Eventually, they moved to Utah, which at the time was part of Mexico and outside of United
States Jurisdiction. After the territory was incorporated into the United States, the Mormons were
placed in the Utah Territory. In 1862 the U.S. Congress made polygamy illegal in the territories
and directly attacked the church via the Morrill Act. Later, Congress strengthened the laws
surrounding polygamy and the Supreme Court upheld the act. The challenge was on grounds of
freedom of religion, saying, Laws are made for the government of actions, and while they
cannot interfere with mere religious belief and opinion, they may with practices.4 In 1882,
Congress made polygamy made a felony. They also made unlawful cohabitation, which was
easier to prove, a misdemeanor. Both were made punishable by fines.5

Plural Marriage and Families in Early Utah, Accessed April 15, 2014, https://www.lds.org/topics/pluralmarriage-and-families-in-early-utah?lang=eng.
4
Jessie L. Embry, The History of Polygamy, Accessed April 15, 2014,
http://historytogo.utah.gov/utah_chapters/pioneers_and_cowboys/historyofpolygamy.html.
5
Ibid.
3

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Most Mormons no longer practice polygamy or condone it; although there are some
splinter groups that do. In some cases, some of these splinter communities have given
Mormonism and polygamy a bad name by marrying underage girls and abuse; these actions are
not indicative of all polygamist practices. It should also be noted that some polygamy is
practiced across the world, especially by African cultures and Muslims. In the map below, the
blue represents territories where polygamy is illegal, the grey, legal status is unknown or
ambiguous, the lavender, polygamy is generally illegal but not fully criminalized, and the black
it is permitted and practiced.6 It is clearly accepted and practiced in many cultures throughout the
world.

Rhetoric
Ignorance and prejudice has since dictated the debate over polygamy. Many of the same
arguments from opponents are used to oppose homosexual marriages. When Rick Santorum was
asked if somebody is homosexual, you would argue that they should not have sex? he replied:

Legal Status of Polygamy, Wikipedia, the Free Encyclopedia, April 10,

2014.http://en.wikipedia.org/w/index.php?title=Legal_status_of_polygamy&oldid=603615125.
6

Murphy 4

I would argue, they undermine the basic tenets of our society and the family. And
if the Supreme Court says that you have the right to consensual sex within your
home, then you have the right to bigamy, you have the right to polygamy, you
have the right to incest, you have the right to adultery. You have the right to
anything. Does that undermine the fabric of our society? I would argue yes, it
does
Whether it's polygamy, whether it's adultery, whether it's sodomy, all of those
things, are antithetical to a healthy, stable, traditional family
Every society in the history of man has upheld the institution of marriage as a
bond between a man and a woman. Why? Because society is based on one thing:
that society is based on the future of the society. And that's what? Children.
Monogamous relationships. In every society, the definition of marriage has not
ever to my knowledge included homosexuality. That's not to pick on
homosexuality. It's not, you know, man on child, man on dog, or whatever the
case may be. It is one thing.7

Here Mr. Santorum likened homosexuality, adultery, sodomy, bestiality, pedophilia, and
polygamy to each other. In 1852, the Republican Party labeled polygamy and slavery the twin
relics of barbarism.8 Statements like these take away from the reality of polygamy it is simply
a family of multiple marriages. Many opponents have quoted the bible to justify their opposition
to polygamy, citing moral implications. However, it is important to remember the bible is not a
basis for U.S. law. Furthermore the bible extensively chronicles polygamous relationships
amongst biblical figures and contradicts itself on the issue.
Some opponents point to the legal difficulties of polygamy as justification for illegalizing
it. Ted Olson, arguing in front of the Supreme Court, said this:
Well, youve said youve said in the cases decided by this court that the
polygamy issue, multiple marriages raises questions about exploitation, abuse,
patriarchy, issues with respect to taxes, inheritance, child custody, it is an entirely
different thing. And if you if a state prohibits polygamy, its prohibiting
conduct.
"Excerpt from Santorum interview, USA Today, Associated Press. April 23, 2003, Accessed April 15, 2014,
http://usatoday30.usatoday.com/news/washington/2003-04-23-santorum-excerpt_x.htm.
8
Jessie L. Embry, The History of Polygamy.
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If it prohibits gay and lesbian citizens from getting married, it is prohibiting their
exercise of a right based upon their status.9

However, these arguments cannot hold under further scrutiny. First and foremost, the job
of the government is not to illegalize things that may prove to be difficult, it is instead to work
around the problem. All of these can and should be worked around. There is no reason the
system cannot be adapted to allow for polygamous marriages and discussion should focus on
how it can be adapted.

Sexual behavior in lifetime among men and women

aged 25-44 years: United Sates, 2006-2008

The rhetoric
100

around this debate is

98

97
90

89

90
80

clearly misunderstood

ignorant people talk

PERCENT

and misguided. Many

70
60
50

44
36

40
30
20

about polygamy by

12

10
0

relating it to sodomy

Male
Vaginal intercourse with opposite sex

Female
Oral sex with opposite sex

(which includes anal

Anal sex with opposite sex

Any type of sex with same sex

and oral sex), bestiality, and pedophilia. According to the U.S. Department of Health and Human
Services in a report released in 2011, the majority of Americans 25-44 have performed oral sex
and a significant amount of the population have engaged in anal sex. The report says:
Among adults aged 2544, about 98% of women and 97% of men ever had vaginal
intercourse, 89% of women and 90% of men ever had oral sex with an opposite-sex
partner, and 36% of women and 44% of men ever had anal sex with an opposite-sex

Daniel Greenfield, Is Gay Marriage Actually Different that Polygamy?, March 30, 2013, Accessed April 15,
2014, http://www.frontpagemag.com/2013/dgreenfield/is-gay-marriage-actually-different-than-polygamy/.
9

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partner. Twice as many women aged 2544 (12%) reported any same-sex contact in their
lifetimes compared with men (5.8%).10

Sodomy is not the same as polygamy and furthermore it is clear that a majority of
Americans ages 25-44 have engaged in some form of sodomy in their lifetime.
In regards to bestiality and pedophilia, these arguments cloud the discussion even further.
This is simply an attempt to invoke emotions of disgust against polygamy. These are separate
discussions because they are not consensual; unlike adult humans, children and animals cannot
consent. They are often coupled with the idea of the slippery slope which would argue that if
polygamy or homosexuality are legalized, that would mean that pedophilia and bestiality would
later be legalized. This is a logical fallacy that should be recognized as such; it is not a viable
argument.
Why now?
Several recent events have brought polygamy close to the forefront of the public
discussion. Two TV shows, Big Love and Sister Wives, have exposed the American public
to the life of polygamists. Some even hoped that these shows would pave the way for new
rights.11 Last years Supreme Court ruling striking down part of the Defense of Marriage Act
made sure that federal benefits cannot be denied to a couple based on their marriage status; this
would likely apply to polygamous marriages if they were legalized. Furthermore, several cases

10

U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for
Health Statistics, Sexual Behavior, Sexual Attraction, and Sexual Identity in the United States: Data From the 2006
2008, National Survey of Family Growth, By Anjani Chandra, Ph.D., William D. Mosher, Ph.D., and Casey Copen,
Ph.D., Division of Vital Statistics, National Center for Health Statistics; and Catlainn Sionean, Ph.D., Division of
HIV/AIDS Prevention, National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention, (PHS) 20111250,
Hyattsville, MD, March 3, 2011, 1.
11
Adrienne D. Davis, REGULATING POLYGAMY: INTIMACY, DEFAULT RULES, AND BARGAINING FOR
EQUALITY, (Columbia Law Review 110, no. 8, December 1, 2010) 1955
2046.http://www.jstor.org/stable/27896317, 1957.

Murphy 7

that are currently in the court system look like they will legalize homosexuality; some may even
legalize polygamy inadvertently. A ruling in a federal court in Utah de-facto decriminalized
polygamy and made homosexual marriages legal in Utah for a few weeks until a judge issued an
injunction. In this case, the court case was filed by Kody Brown, the husband of four wives in
the show Sister Wives, for the express purpose of challenging the constitutionality of Utahs
anti-polygamy laws.12
Now, with homosexuality and polygamy in the court, is the time for the American public
to start legalizing consensual marriages. To do this, the conversation needs to be turned away
from that of religious morals; as shown, there are many religions that condone and practice
polygamy. The conversation needs to turn away from logical fallacies such as the slippery slope
argument and turn away from ignorant comparisons to bestiality and pedophilia. The
conversation needs to turn away from difficulties and toward solutions. Americans need to start
talking, in terms of religious and personal freedoms, about legalizing all forms of consensual
marriage; taking control of
the rhetoric surrounding the
debate is simply the first
step.

The Brown Family, stars of Sister

Wives.13

Mark Henkel, De-Facto Polygamy De-Criminalized in Utah by Federal Court, December 24, 2013, Accessed
April 15, 2014, http://www.pro-polygamy.com/articles.php?news=0090.
13
The Lars Larson Show, Accessed April 15, 2014, http://larslarson.com/adam-winkler-are-polygamy-bansunconstitutional/.
12