Legalizing Plural Marriage by Mark Goldfeder

Author:Mark Goldfeder
Language: eng
Format: epub
Publisher: Brandeis University Press

CHAPTER 1. WHAT IS MARRIAGE? PRIVILEGING FUNCTION OVER FORM

1. See Carl E. Schneider, Moral Discourse and the Transformation of American Family Law, 83 MICH. L. REV. 1803, 1803–79 (1985).

2. See Mary Ann Glendon, The Transformation of Family Law: State, Law, and Family in the United States and Western Europe (1989) (hereafter Glendon, The Transformation of Family Law).

3. See, generally, the myriad of articles and editorials on Obergefell v. Hodges, No. 14-556, 2015 WL 2473451(U.S. June 26, 2015), the Supreme Court case that made same-sex marriage a right nationwide.

4. See Adrienne Katherine Wing, Polygamy from Southern Africa to Black Britannia to Black America: Global Critical Race Feminism as Legal Reform for the Twenty-First Century, 11 J. CONTEMP. LEGAL ISSUES 811, 812 (2001) (hereafter Wing, Polygamy). A recent bill in the Kenyan Parliament (Marriage Bill, No. 77 (2012), KENYA GAZETTE SUPPLEMENt No. 179, www.kenyalaw.org), legalizes polygamy, while, in August 2012, the first polygamous civil union was granted in Brazil. See Kate Beioley, First Polygamous Civil Union Granted in Brazil, ARG. INDEP. Aug. 29, 2012, www.argentinaindependent.com.

5. Obergefell v. Hodges, No. 14-556, 2015 WL 2473451, at *35–36 (U.S. June 26, 2015).

6. Mark Goldfeder & Elisabeth Sheff, Children of Polyamorous Families: A First Empirical Look, 4 J. SOC. DEVIANCE 150 (2013), at 157.

7. See https://www.ocf.berkeley.edu/~geneq/docs/infoSheets/Polyamory.pdf.

8. See Kirsten Andersen, Polyamory: The Next Civil Rights Movement? LIFE SITE NEWS (Oct. 29, 2012, 4:50 p.m.), www.lifesitenews.com; Stanley Kurtz, Beyond Gay Marriage, 8.45 WEEKLY STANDARD 26, 26–33 (2003). See also Jaime M. Gher, Polygamy and Same-Sex Marriage: Allies or Adversaries within the Same-Sex Marriage Movement, 14 WM. & MARY J. WOMEN & L. 559, 559 (2008). In Utah, polyamorous relationships qualify as cohabitation and thus are treated as polygamy or bigamy. See UTAH CODE ANN. § 76-7-101 (West 1999).

9. In 2012, Loving More, the online polyamory magazine run by the organization Loving More, with the endorsement of the National Coalition for Sexual Freedom (NCSF), conducted a groundbreaking internet-based survey of over four thousand participants who self-identify as polyamorous. From their website: “This is the largest survey of self-identified polyamorous individuals to date. Individuals were recruited through local and regional Listservs, the Loving More e-mail list, the PolyResearchers list, the Institute for Advanced Study of Human Sexuality’s (IASHS) student and alumni lists, and the American Association of Sexuality Educators, Counselors and Therapists’ (AASECT) AltSex list. With the exception of five questions, all the questions were drawn from among those asked in the National Opinion Research Center’s biennial General Social Survey (GSS) in order to compare a sample of the polyamory community with the general U.S. adult population.” Results of this survey are available at www.lovemore.com.

10. See generally Janet Bennion, Polygamy in Primetime: Media, Gender, and Politics in Mormon Fundamentalism (2011) (hereafter Bennion, Polygamy in Primetime); and Project MUSE, http://muse.jhu.edu (last visited Mar. 3, 2013). See also Chelsea Schilling, Love, American Style: Polygamy Gets Sizzle, WND (Aug. 20, 2012, 8:08 p.m.), www.wnd.com (hereafter Schilling, Love, American Style); and Harry Phillips & Sean Dooley, Modern Polygamist Family: Why They’re Risking Jail, ABC News (Nov.

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