The Vancouver Sun - January 10, 2011
Tradition of monogamous marriage traced in polygamy hearing
BY DAPHNE BRAMHAM, POSTMEDIA NEWS
VANCOUVER — There is a consistent, 2,500-year tradition of marriage as the monogamous union of two people and a 750-year tradition of polygamy as a crime, an expert testified in a case that could influence the rewriting of Canada’s laws against polygamy.
At times, polygamy was a crime punishable by death, said John Witte, Jr., the director of the Law and Religion Center at Emory University.
Witte is testifying in the constitutional reference case in B.C. Supreme Court that will determine the validity of Canada’s polygamy law.
Witte traced Western marriage laws and traditions back to Greco-Roman times and then followed the evolution through to the 21st century when the definition of monogamous union between two people was expanded in some jurisdictions to include same-sex couples.
From Aristotle to the Hebrew Bible to Christianity’s New Testament to Thomas Aquinas in the Enlightenment to jurist David Hume to utilitarian philosopher Jeremy Bentham on into the 20th Century, Witte says all have argued that polygamy is damaging both to individuals and the society at large.
The professor said women have been coerced into arranged marriages where they are often raped or battered, sold or bartered by their fathers or guardians, isolated by being confined to their homes, and impoverished because their husbands have less capacity to provide for them post-divorce or post-death. Additionally, Witte said polygamy "betrays the ideals of mutuality, love and devotion" that are associated with marriage and is "a violation of the fundamental dignity and rights of women."
Children are subject to inequality, rivalry and violence involving half-siblings and other mothers or wives, as well as fewer economic and educational resources, he said.
Meanwhile, polygamy leaves men without an equal opportunity to have a marriage partner. Over the centuries, Witte said, polygamy has been said to have induced a false appetite for patriarchy and inflamed the lust of men who continually want more wives.
For societies, the long-standing examples of harms have included child brides, sexual exploitation, assault and violence as well as a disproportionate need for social welfare because polygamous men are not able to provide for their wives and children, he said.
The stories of Jacob and King David from the Bible’s Old Testament are examples of such harm, he said. Both of the patriarchs were polygamous and the discord sowed in their families by polygamy led not only to jealousy, but incest, children sold into slavery, wives becoming slaves and violence. In the story of King David, the inter-family murders eventually led to a civil war in Israel.
Witte was testifying as a witness for the attorney general of Canada, who takes the position that the law is valid and does not breach the constitutional guarantees of religious freedom and free expression.
Under cross-examination, Witte was questioned about his views on same-sex marriage. Witte was an expert witness in the high-profile Ontario case that ultimately resulted in the Supreme Court of Canada deciding that it was unconstitutional to deny same-sex couples to marry.
He noted that prohibitions on sodomy and same-sex relationships were "an invention of Christendom" that were unheard of in Greco-Roman times.
Lawyer Tim Dickson, appointed by Chief Justice Robert Bauman to argue that Canada’s law ought to be struck down, suggested that polygamy is also a Christian-inspired offence.
Witte rejected that characterization, referring back to his early comments about Greco-Roman laws and traditions.
But if same-sex marriage is OK, why not polygamy? Dickson asked.
Witte answered polygamy is not dyadic — it involves more than two people — and it provides none of the classical "goods" associated with marriage. Those include mutual companionship, love, protection against sexual sin or harm to the household as well as protection and support for vulnerable children.
The trial being heard by B.C. Supreme Court Chief Justice Robert Bauman is expected to run until the end of January.
The issue was referred to the court after two leaders in the B.C. fundamentalist Mormon community of Bountiful — Winston Blackmore and James Oler — had polygamy charges against them stayed in 2009.
This article was found at:
http://www.vancouversun.com/life/Tradition+monogamous+marriage+traced+polygamy+hearing/4087361/story.html
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CBC News - The Canadian Press January 10, 2011
Polygamy ban centuries old, B.C. court told
The centuries-old laws banning polygamy in Western cultures are rooted in the protection from the ills of multiple marriage and not just the imposition of Christianity on the masses, a law professor told a B.C. court Monday.
It will be an important distinction for a B.C. judge to consider as he decides whether Canada's law against polygamy violates the religious guarantees in the Charter of Rights and Freedoms — a case prompted by the polygamous commune of Bountiful, B.C.
The B.C. government's own lawyer has conceded that, if the prohibition dating back to 1890 is in fact a religious law originally intended to impose Christianity onto society, it must be struck down.
But John Witte Jr., a law professor at Emory University in Atlanta, Ga., said the origins of polygamy in the West extend far beyond religion.
"The prohibitions against polygamy are pre-Christian and post-Christian in their formulation," said Witte, who was testifying for the federal government.
"Pre-Christian in that we have these formulations in Greek texts and pre-Christian Roman law. And post-Christian in that the architects of modern liberalism are making clear that if you want to respect rights, if you want to respect dignity, it is critical to maintain the institution of monogamy and prohibit and criminalize the institution of polygamy."
Once punishable by death
Witte traced the history of marriage back to ancient Greece and Rome, and he said Western cultures have consistently promoted monogamy and denounced polygamy for 2,500 years.
He said ancient Greek and Roman philosophers described monogamous marriage as "natural and necessary" to foster mutual love, respect and companionship among husbands and wives.
In contrast, he said the Roman emperors who established the first anti-polygamy laws in the third century denounced the practice as "unnatural and dangerous," placing it in the same category as rape and incest. In some cases, polygamy was punishable by death.
Witte said those early beliefs about marriage have informed every Western culture since, from early Christians, the Catholic and Protestant churches, the Enlightenment — which eschewed religion and Christianity — and modern-day England and America.
"The Greeks and Romans are in many ways the forefathers and foremothers of our Western civilization," he said.
"We received from them ideas of liberty, ideas of constitutional order, ideas of rights.... It is a fundamental part of who we are as Western people."
The B.C. judge has heard conflicting accounts of whether polygamy is harmful, with government lawyers arguing the practice inevitably harms women, children and society as a whole.
Residents to testify
But the case is also examining the religious implications of the law — not only whether it infringes on the religious freedoms of polygamists, but also whether the law amounts to an illegal attempt to impose Christianity onto the Canadian public.
The B.C. government asked the court to examine the law after the failed prosecution of two leaders in Bountiful in 2009.
Winston Blackmore and James Oler are leaders of separate factions of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a breakaway Mormon sect that continues to practice polygamy although the mainstream church renounced the practice more than a century ago.
Current and former residents of polygamous communities, including Bountiful, are scheduled to testify beginning next week.
Testimony is scheduled until the end of the month, with closing arguments expected in the spring.
Legal experts have predicted the case will eventually end up in the Supreme Court of Canada.
This article was found at:
http://www.cbc.ca/canada/british-columbia/story/2011/01/10/bc-polygamy-hearing-witte.html
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Winnipeg Free Press - The Canadian Press January 10, 2011
Reason, not religion, behind ban on polygamy, prof tells B.C. court
By: James Keller, The Canadian Press
VANCOUVER - Centuries-old laws banning polygamy in western cultures are rooted in the protection of women, children and men from the ills of multiple marriage and not just the imposition of Christianity on the masses, a law professor told a British Columbia court on Monday.
That will be an important distinction for a B.C. judge to consider as he decides whether Canada's law against polygamy violates the religious guarantees in the Charter of Rights and Freedoms involving a case prompted by the obscure polygamous commune of Bountiful, B.C.
The provincial government's own lawyer has conceded that, if the prohibition dating back to 1890 is in fact a religious law originally intended to impose Christianity onto society, it must be struck down.
But John Witte Jr., a law professor at Emory University in Atlanta, Ga., said the origins of polygamy laws in the west extend far beyond religion.
"The prohibitions against polygamy are pre-Christian and post-Christian in their formulation," said Witte, who was testifying for the federal government.
"Pre-Christian in that we have these formulations in Greek texts and pre-Christian Roman law. And post-Christian in that the architects of modern liberalism are making clear that if you want to respect rights, if you want to respect dignity, it is critical to maintain the institution of monogamy and prohibit and criminalize the institution of polygamy."
Witte traced the history of marriage back to ancient Greece and Rome, and he said western cultures have consistently promoted monogamy and denounced polygamy for 2,500 years.
He said ancient Greek and Roman philosophers described monogamous marriage as "natural and necessary" to foster mutual love, respect and companionship among husbands and wives.
In contrast, he said the Roman emperors who established the first anti-polygamy laws in the third century denounced the practice as "unnatural and dangerous," placing it in the same category as rape and incest. In some cases, polygamy was punishable by death.
Witte said those early beliefs about marriage have informed every western culture since, from early Christians, the Catholic and Protestant churches, the Enlightenment— which eschewed religion and Christianity — and modern-day England and America.
"The Greeks and Romans are in many ways the forefathers and foremothers of our western civilization," he said.
"We received from them ideas of liberty, ideas of constitutional order, ideas of rights. ... It is a fundamental part of who we are as western people."
A B.C. judge has heard conflicting accounts of whether polygamy is harmful, with government lawyers arguing the practice inevitably harms women, children and society as a whole.
But the case is also examining the religious implications of the law — not only whether it infringes on the religious freedoms of polygamists, but also whether the law amounts to an illegal attempt to impose Christianity onto the Canadian public.
Tim Dickson, a lawyer for the court-appointed lawyer who's arguing the current law is unconstitutional, noted many of the same cultures that banned polygamy also had laws against homosexuality, sodomy and interracial marriage.
Witte rejected the comparison, and he noted jurisdictions such as Canada that have legalized same-sex marriage still only allow same-sex monogamy.
"Sodomy is what we would call a consensual, victimless crime, whereas polygamy is a crime in which there are victims: women, children, men and sometimes society as a whole," Witte said.
"What many people who come from traditional teachings have recognized is that same-sex parties can enjoy many of the same goods as opposite-sex parties: mutual companionship and love, mutual protection, and today, with assisted reproduction and adoption, it's possible that the goods of mutual procreation and education of children can be achieved by same-sex marriage."
The B.C. government asked the court to examine the law after the failed prosecution of two leaders in Bountiful in 2009.
Winston Blackmore and James Oler are leaders of separate factions of the Fundamentalist Church of Jesus Christ of Latter Day Saints, or FLDS, a breakaway Mormon sect that continues to practice polygamy. The mainstream church renounced the practice more than a century ago.
Current and former residents of polygamous communities, including Bountiful, are scheduled to testify beginning next week.
Testimony is expected to continue until the end of the month, with closing arguments set for the spring.
Legal experts have predicted the case will eventually end up in the Supreme Court of Canada.
This article was found at:
http://www.winnipegfreepress.com/canada/breakingnews/polygamy-long-considered-unnatural-and-criminal-in-western-cultures-prof--113220214.html
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The Vancouver Sun - January 11, 2011
Far from being a religious relic, marriage has enduring value
History shows that monogamous unions have stood the test of time, while polygamy has resulted in harm to women, children and society
by Daphne Bramham | Vancouver Sun
The common wisdom is that marriage is in decline, out of fashion and a religious relic in these secular, post-Christian times in the West.
None of that is true.
In Canada, marriage remains more popular than common-law relationships, according to the 2006 census. U.S.-based Pew Research Center reported in November that 67 per cent of people surveyed believe the institution will survive.
Counter-intuitively, the value of this enduring institution was highlighted by the fierce desire of homosexual couples to access it.
As for marriage being a religious relic, it's not.
Its known genesis as a union of man and woman dates back 2,500 years to Greek and Roman times, according to John L. Witte, Jr., director of Emory University's Center for Law and Religion and a specialist in legal history, marriage and family law.
As early as the 5th century BC, philosophers wrote about the necessity and also the virtue of a structure that would not only foster mutual love and support for the couple and their offspring, but would ensure the family name and property would be passed on to legitimate children.
Aristotle's insights on monogamous marriage are "foundational to western tradition," says Witte. He says Aristotle (384 -322 BC) described it as a "natural institution for most men and women ... at once 'useful,' 'pleasant,' and 'moral' for their lives and that it serves for the fulfilment, happiness and lasting friendship of husband and wife and their children."
In other eras, that notion of friendship and mutuality has been expressed as romantic love or "finding a soulmate"; the Bible talks about Adam only becoming complete after God creates Eve.
Even before the common era began with the birth of Christ, Roman law formalized monogamous marriage as "the union of a man and a woman, a partnership for life." It was the only state-sanctioned sexual relationship and the only one that produced "legitimate children."
In 258 AD, Rome outlawed polygamy, grouping it with incest and adultery, all of which were described as abominable, wicked, unnatural and execrable sexual offences that went against nature, God and the state.
By the 9th century, polygamy was a crime punishable by death and remained so in many western countries until the 19th century.
"For nearly two millennia ... the West has declared polygamy to be a crime and has had little patience with occasional technological or legal arguments raised in its defence," Witte wrote in an affidavit prepared for the attorney-general of Canada for use in the constitutional reference case to determine the validity of Canada's polygamy law.
Over that same period, monogamous marriages that are dyadic (which means between two people) have remained the preferred status, weathering the storms of wars, revolutions, new religious teachings, religious schisms and secularism.
The reasons for monogamous, dyadic marriages survival have varied from Aristotle's notion that it is "natural" to religious leaders' contention that it echoes Jesus's connection to his church to the utilitarian view that it works best for individuals and society.
Why the consensus? Human nature, says Witte, who has published 12 books related to marriage and the law.
Unlike other animals' babies, human children are fragile, vulnerable and dependent for many years. To survive, they need protection.
And while much has been made over the centuries about "maternal instinct," almost equal amounts have been written about men's wandering nature.
Witte notes a recent study that found that 89 of 90 men walked past a vulnerable child on the street and Thomas Aquinas's comments that male bonding with children is only assured if that child is perceived as "an extension of his being."
Monogamous marriage assures that certainty as does polygamy.
However, unvaried from Roman times to the testimony in the current constitutional reference case that's being heard in B.C. Supreme Court is the long list of polygamy's consequent harms to women, children, men and society.
It's worth noting -- as Witte did -- that exemplified even within the polygamous households of the biblical patriarchs, from whom fundamentalist Mormons take their cues, are some of the worst and most tragic consequences of murders, slavery and even civil war.
And it's also worth repeating what Witte said during his cross-examination when asked whether there's anything wrong with three consenting adults having a conjugal relationship.
No, was his answer. Not all polygamous marriages exhibit harms, even though most do.
But what he might have added is that the converse is true with monogamous, dyadic marriages.
Even in these worst of times, the majority of monogamous, dyadic marriages provide the "goods" that have been ascribed to them for the past 2,500 years.
This article was found at:
http://www.vancouversun.com/life/from+being+religious+relic+marriage+enduring+value/4095641/story.html
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