This article begins the task of assessing polygamy as a moral ideal. The structure of traditional polygamy, in which only one central spouse may marry multiple partners, necessarily yields two inequalities. The central spouse has greater rights and expectations within each marriage and greater control over the wider family. However, two alternative structures for polygamy can remove these inequalities. In polyfidelity, each spouse marries every other spouse in the family. In “molecular” polygamy, any spouses may marry a new spouse outside (...) the family. These new models of polygamy face additional difficulties, but they can be egalitarian in principle. (shrink)

Polygamy, which was practiced without limitations in the past, had been restricted to four wives after the arrival of Islam in the Arabian Peninsula. However, some scholars have different views on this issue, supposedly influenced by the literal and cultural background of patriarchal tradition on treating women as the object of polygamy. This article attempts to examine the construction of patriarchal interpretation in a gender-biased interpretation, its factors and its implications. This study adopts a qualitative approach and employs a content (...) analysis approach. Interviews with relevant scholars are also used to explore in-depth information regarding this subject. The object of research is based on a full set (30 juz /chapters) of 11 books of tafsir written in Indonesia. These books are Tafsir Al-Furqan, Tafsir Quran, Adz-Dzikra: Terjemah dan Tafsir al-Quran, Al-Quran dan Terjemahnya, Tafsir Quran Karim, Tafsir al-Azhar, Tafsir Rahmat, Tafsir al-Quran al-Majid an-Nur, Tafsir al-Mishbah, Al-Quran and its Exegesis of the Department of Religion, and Tafsir al-Hijri. This study found that women have been exploited through polygamy practices. Our findings show that biased gender interpretation, especially because of the patriarchal mindset, brought a greater impact on the Quranic interpretation. This study suggested that reinterpretation towards Quranic verses particularly dealing with gender issues needs to be strengthened in accordance with justice and humanistic values. Contribution: This article offered two approaches for the study of the Quran in order to establish gender equality and justice in marriage practice. Firstly, the adaptive and humanistic interpretations of the Quran need to be strengthened and should raise common consciousness in Muslim society. Secondly, there is a need to study the Quran in an integrative, holistic and hermeneutical understanding of the Quranic text. This method can explore the deepest meaning of the Quran so it can rise gender-sensitive, humanist and moderate interpretations. (shrink)

Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...) a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason. (shrink)

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition “show[s] a different (...) version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)

This article examines the race-thinking and colonial reasoning circulating in two recent developments in Canadian law with respect to polygamous marriage: the Polygamy Reference that upheld the Criminal Code provision on polygamy and the Zero Tolerance for Barbaric Cultural Practices Act. This legislation introduced changes to Canada’s immigration regulations, which include the practice of polygamy as a basis for refusing foreign applicants and deporting foreign nationals. I address how insights from the field of evolutionary psychology were applied in the Polygamy (...) Reference and what discursive and material resonances they had in the Zero Tolerance Act. Drawing on the work of Sylvia Wynter, I situate these judicial and legal developments in relation to violence, within colonial formations of state power, and as forces supporting white supremacy through the continuing valorization of monogamy as a foundational aspect of social and sexual citizenship in Canada. (shrink)

The article looks again at the English debate over Anglo-Scottish union in the period 1603 to 1607. It reconstructs what marriage meant to contemporaries, as sociocultural practice as well as political model. It argues that Englishmen's attention to their local circumstances -- sui generis since the Henrician reformation -- sank the union project. The debate also promoted a distrust of blood-right kingship that was crucial to its abolition a generation later. The body of the paper is designed as a case (...) study of how to situate 'ideas in context'. It is intended to challenge, by example, key assumptions that inform the dominant model for that project, articulated pre- eminently in Quentin Skinner's work. The conclusion addresses the theoretical dimension explicitly, critiquing Skinner's rationalist model with specific reference to his recent work on conceptions of liberty in seventeenth-century England. (shrink)

The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined to resist Liberalism (...) are invited to consider an alternative position: the Libertarian stance that favors instead the ‘disestablishment’ of marriage. (shrink)

This paper critically examines the ways in which dominant poly discourses position polyamorists among other queer and feminist-friendly practices while setting polygamists outside of those practices as the heteronormative and hyper-patriarchal antithesis to queer kinship. I begin by examining the interlocking liberal discourses of freedom, secularism and egalitarianism that frame the putative distinction between polyamory and polygamy. I then argue that the discursive antinomies of polyamory/polygamy demarcate a distinction that has greater affective resonance than logical validity—an affective resonance, moreover, that (...) is built on neocolonial framings of polygamy as barbaric and idealizations of polyamory that whitewash its practices. (shrink)

People's opinions toward polygamy were examined in a study of 1369 adults who were current or former members of the Church of Jesus Christ of Latter-day Saints. Questions addressed several areas: polygamy and the law, respondents' perceptions of polygamous women, the potential link between legalizing gay marriage and legalizing polygamy, polygamists' reliance on social welfare programs, and the ability of teens raised in polygamy to leave that lifestyle. Consistent with the contact hypothesis, multiple regression analyses showed that people who knew (...) a polygamist held more favorable opinions of polygamy. Polygamists, men, infrequent church attenders, and older people also tended to hold more favorable opinions of polygamy. Educational attainment showed weak associations with opinions, while marital status failed to predict opinions toward polygamy. (shrink)

On 14 January 1999, the woman theologian Christina Landman published an article in the religious column, Godsdiens Aktueel, of the Afrikaans daily newspaper Beeld under the heading ‘Poligamie, ditsem!’ (Yes, for polygamy!). In the article, Landman pondered whether polygamy – which is allowed in South Africa for indigenous cultures – would not be an advantage for the Afrikaans society where extra-marital affairs were allegedly high. There was an immediate and long-running reaction to this article in the Afrikaans, as well as (...) in the English media, nationally and internationally, in the printed media, as well as on radio and television. This article will isolate themes in the responding letters of Afrikaans readers. The rejection of polygamy by Afrikaans readers rests on arguments that it is unbiblical, dehumanising to women and impractical. On the other hand, those Afrikaans readers who opt for polygamy argue that multiple-partner-relationships can save marriages from ending in divorce because of extra-marital affairs and can lighten the burden on overworked women. Contribution: This article contributes to the debate on polygamy and in particular from the Afrikaans population in South Africa whose culture and religion forbid polygamy. The discussion and findings as thematised in this article contribute to a body of knowledge not been dealt with in academic research. (shrink)

When Locke mentions polygamy in his writings, he does not condemn the practice and, even seems to endorse it under certain conditions. This attitude is out of step with many of his contemporaries. Identifying the philosophical reasons that lead Locke to have this attitude about polygamy motivates our project. Because Locke never wrote a treatise on ethics, we look to number of different texts, but focus on An Essay Concerning Human Understanding and Essays on the Law of Nature, in order (...) to outline his basic ethical theory. We argue that this theory, the elements of which include moral mixed modes, the law of nature, and the comparison of these modes with this law, is broad enough to accommodate practices like polygamy. Our interpretation shows that Locke’s line of thought on marriage is strikingly flexible for the 17th century, and even compared to some contemporary public debates on marriage. (shrink)

The status of polygamy as a cultural artifact is investigated across a number of societies, and it is concluded that polygamy is extremely violative of the rights of a number of individuals in the societies in which it occurs, and not simply women. Extensive citation is made to the work of Elissa Wall on American polygamous groups in the Southwest.

Part I of this paper examines liberal toleration and its relevance to the debate on polygamy. The remaining sections consider Marci Hamilton’s claim that polygamy should not be accommodated. Hamilton’s position rests on three kinds of arguments which I call: 1) the argument from public reason; 2) the argument from democracy; and 3) the argument from exploitation. Each of these fails: 1) fails because Hamilton’s conception of public reason is too restrictive; 2) fails because it rests on a procedural test (...) which attempts to balance claims about rights against claims about the public good—and thus presupposes a flawed conception of rights; 3) is the most compelling of Hamilton’s arguments but could be met in principle if one can show that the right design of background institutions can accommodate polygamy without sponsoring an exploitative form of marriage. (shrink)

Part I of this paper examines liberal toleration and its relevance to the debate on polygamy. The remaining sections consider Marci Hamilton’s claim that polygamy should not be accommodated. Hamilton’s position rests on three kinds of arguments which I call: 1) the argument from public reason; 2) the argument from democracy; and 3) the argument from exploitation. Each of these fails: 1) fails because Hamilton’s conception of public reason is too restrictive; 2) fails because it rests on a procedural test (...) which attempts to balance claims about rights against claims about the public good—and thus presupposes a flawed conception of rights; 3) is the most compelling of Hamilton’s arguments but could be met in principle if one can show that the right design of background institutions can accommodate polygamy without sponsoring an exploitative form of marriage. (shrink)

I critically examine how, from a Western cultural perspective of romantic love and Judeo-Christian tradition, certain liberal cultural values and prejudices are used presumptuously to criticize polygamy in African traditions. These criticisms assume, circularly, the superiority of Western cultural monogamous values over African cultural traditional practice of polygamy. I argue that these arguments are specious and particularly unreasonable from an intercultural philosophical perspective. A plausible liberal justification for Western legal imposition of monogamy is to prevent harm. I argue that if (...) polygamy is so harmful as to warrant legal restriction based on the liberal principle of harm, such harm also exists in monogamy. The harm that is falsely associated with polygamy is not the result of polygamy per se but other factors relating to the social-cultural context of the marriage or the character of the individuals in the marriage. (shrink)

This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal state (...) should get out of the "marriage business" by leveling down to a universal status of "civil union" neutral as to the gender and affective purpose of domestic partnerships. I then refute what I regard as the four most plausible rational objections to offering this civil union status to multi-member domestic partnerships. The most common objection to polygamy is on grounds of gender equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (by whatever name it goes in contemporary, complex, multicultural societies) to tolerate a certain amount of inequality in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable, even reasonable. Arguments from the welfare of children, fairness in the spousal market, and the abuse of family subsidies are also considered and found insufficient for excluding polygamy. (shrink)

I distinguish two ways that a cultural practice may be inherently objectionable. I reject the claim that polygamy is inherently "vicious" because asymmetric marriages are inevitably inegalitarian. I argue that there is good reason to think polygamy is inherently "bankrupt" insofar as a cultural ideal of asymmetric marriage presupposes stereotypical gender roles.

The present work is a contribution to the understanding of the sempiternal problem of the “burden of factor two” implied by sexual reproduction versus asexual one, as males are energy consumers not contributing to the production of offspring. We construct a deterministic mathematical model in population dynamics where a species enjoys both sexual and parthenogenetic capabilities of reproduction and lives on a limited resource. We then show how polygamy implies instability of a parthenogenetic population with a small number of sexually (...) born males. This instability implies evolution of the system towards an attractor involving both populations. We also exhibit the analogy with a parasite/host system. (shrink)

This paper offers a genealogy of anti-polygamy sentiment in North America, elucidating certain racist and nationalist formations that are implicit in the historical valorization and enforcement of heterosexual monogamy. It tracks the white supremacist and heteronormative logic that conditions the widespread disdain toward polygamy, and that renders it fundamentally different from familial configurations that are associated with national identity. Relating political and philosophical doctrines to the archival documentation and insights of contemporary legal and cultural historians of anti-polygamy sentiment, it elucidates (...) the racial Anglo-Saxonism of Hegel's ruminations on marriage and on the state, and highlights its reverberation within the political philosophy that justified the criminalization of polygamy and its supporting institutions in the nineteenth century and in contemporary immigration policy and same-sex marriage advocacy in Canada and the United States. (shrink)

This article investigates the often cited and dismissed, but rarely examined, relationship between legalizing same-sex marriage and polygamy. Employing a comparative historical analysis of U.S. and South African jurisprudence, ideology, and cultural politics, we examine efforts to expand, restrict, and regulate the gender and number of legally recognized conjugal bonds. South African family jurisprudence grants legal recognition to both same-sex marriage and polygyny, while the United States prohibits and resists both. However, social and material conditions make it easier to practice (...) family diversity in the U.S. than in South Africa. Our analysis of the very different histories of polygamy and same-sex marriage in the two societies suggests the centrality of racial politics to marriage regimes, yielding paradoxical narratives about the implications of legal same-sex marriage for the future of polygamy and sexual democracy. If there is a slippery marital slope, we argue, it does not tilt in a singular or expected direction. (shrink)

In 2006, United Nations Human Rights Council was tasked to establish a new human rights monitoring mechanism: Universal Periodic Review process. The objective of this process is to promote and protect the universality of all human rights issues and concerns via a dialogical peer review process. The primary aim of this investigation is to ask the following question: has this claim of promoting and protecting the universality of the human rights been met, or challenged, during state reviews in the UPR (...) process? The issue of polygamy has been selected as the focus for this investigation to be used, primarily, as a tool to undertake an in-depth analysis of the discussions held during state reviews in the review process. In addition, this paper will employ scholarly debates between universalism and cultural relativism, as well as the sophisticated and nuanced approaches that fall in between the polarised opposites, to analyse the discussions held on human rights during state reviews. Ultimately, the findings and discussion of this investigation will provide a unique and valuable insight to the work and operation of the UPR process, so far. (shrink)

If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral pluralism (...) (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

This essay argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. My purpose is not to survey exhaustively the empirical literature on contemporary forms of polygamy, but to tease out the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified. The most common objection to polygamy is on grounds of gender (...) equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (whatever name it goes by in contemporary, complex, multicultural societies) to tolerate a certain amount of inegalitarianism in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable. (shrink)

In “Out of Eden” David Barash argues that humans are naturally polygamous, in that they have innate polygamous preferences. In particular, Barash argues that human males have preferences and other psychological states designed to support aggressive polygynous sexual competition, and that the resulting behavior has driven the selection of various other psychological and behavioral traits in humans. This is controversial, since the prevailing view of the human mating system in our recent evolutionary history was that it was choice-based and only (...) mildly polygynous. In this review I evaluate Barash’s arguments and conclude that he has not made his case for the stronger view. (shrink)

Polygamy is a highly controversial topic and the object of serious political contestation in Indonesia. Although all major Muslim organizations consider polygamy is allowed under Islamic Law, the practice is not without stigma. In 1974 when Indonesia adopted its current Marriage Law, the Indonesian parliament decided to tie polygamy to strict conditions. This law however failed to prevent the practice of unregistered polygamous marriages. Women in unregistered polygamous marriages formally hold no rights as lawful wife in case of a divorce (...) or death of the husband. The question is what arrangements the second, third or fourth wife in unregistered polygamous marriages have made with their husband in view of the lack of legal recognition of their rights as wife. What are the consequences of non-recognition of their marriage for these women? Does legal insecurity in practice also mean economic and social insecurity? Does the husband fulfill his obligations and responsibilities towards his wives and their families? This article aims at answering those questions by looking in-depth at a selection of three case studies, which were collected during a total of nine months of research in Jakarta in 2015 and 2016. This article is part of the socio-legal domain, combining legal analysis with anthropological approaches. The starting point of the research is a legal one: the disadvantaged legal position of women whose polygamous marriage has not been registered, but a large part of the research is based on anthropological methods. Through the experiences of these women the paper will reveal a range of personal reasons and underlying causes for unregistered Islamic polygamous marriages as well as their consequences–including legal ones. The paper will depict a great diversity in legal reasoning, socio-economic considerations, religious reflections and daily life dilemmas of these individual women living in unregistered polygamous marriages. (shrink)

Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of spouses and (...) the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

The 19th-century missionary literary genre provides us with a window into how the missionaries viewed African cultural systems, such as polygamy. In their minds, polygamy was one of the obstacles to converting Africans to Christianity. Baptism functioned as a theatre of power and submission. To access baptism, a convert had to abandon and strip themselves of that which made them Africans and adopt Western colonial Christian norms and principles. In this article, we argue that the condemnation of polygamy by missionaries (...) was a wielding of power within the colonial matrix of power. We further maintain that the decolonisation of Christianity cannot be achieved without a critical analysis of the impact of the missionaries in the deformation and labelling of African cultural identities as heathen and uncivilised. Contribution: The cultural transfer that was achieved through Christianisation, civilisation and colonisation has led to what Biko referred to as the flight from the black self and what Du Bois referred to as double consciousness. The article applies the intersectionality of theoretical lenses of Africana critical thought, Foucauldian notion of power, negritude and decoloniality. (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel (...) with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

In this collection, liberal and feminist philosophers debate whether marriage reform ought to stop with same-sex marriage. Some authors argue for abolishing marriage or for new legal forms such as polygamy or temporary marriage. Others argue that the liberal values justifying same-sex marriage do not entail further reform.

La ville de Münster, en Westphalie, abrita en 1534-35 une communauté anabaptiste dont on ne connaît souvent que certains traits : son écrasement par les forces « de la réaction », sa réforme du mariage qui défraya la chronique ou la prépondérance des femmes dans sa population…, parfois associés dans l’image d’une société révolutionnaire, libertaire, dans lesquelles les femmes avaient un grand rôle – qu’en est-il de ces idées reçues? Après un bref rappel de ce qu’est l’anabaptisme et de ce (...) que fut cet épisode dans l’histoire de la Réforme, l’auteur analyse le texte justifiant l’instauration de la polygamie, ainsi que son traitement par l’historiographie et tente par ce biais de rétablir les faits dans leur contexte. (shrink)

This second part of a two-part series exploring implications of the natural differences between the sexes for the cultural evolution of marriage considers how the institution of marriage might evolve, if Kant’s reasons for defending monogamy are extended and applied to a future culture. After summarizing the philosophical framework for making cross-cultural ethical assessments that was introduced in Part I and then explaining Kant’s portrayal of marriage as an antidote to the objectifying tendencies of sex, I summarize Kant’s reasons for (...) rejecting polygamy and for viewing monogamy as the only ethically acceptable form of marriage. Finally, I argue that if we apply Kantian principles to the real situation of marriage in many modern cultures, and if we wish to maintain a legitimate place for marriage in the future evolution of human culture, then the future evolution of marriage laws must recognize polyfidelity (i.e., plural marriages for both men and women) as being just as legitimate as monogamy. (shrink)

This chapter contains sections titled: Introduction Liberty of Thought and Expression Autonomy and Individuality Autonomy, Individuality, and Community: The Case of Mormon Polygamy Further Reading.

Polygamy, forced marriage, female genital mutilation, punishing women for being raped, differential access for men and women to health care and education, unequal rights of ownership, assembly, and political participation, unequal vulnerability to violence. These practices and conditions are standard in some parts of the world. Do demands for multiculturalism — and certain minority group rights in particular — make them more likely to continue and to spread to liberal democracies? Are there fundamental conflicts between our commitment to gender equity (...) and our increasing desire to respect the customs of minority cultures or religions? In this book, the eminent feminist Susan Moller Okin and fifteen of the world’s leading thinkers about feminism and multiculturalism explore these unsettling questions in a provocative, passionate, and illuminating debate. Okin opens by arguing that some group rights can, in fact, endanger women. She points, for example, to the French government’s giving thousands of male immigrants special permission to bring multiple wives into the country, despite French laws against polygamy and the wives’ own bitter opposition to the practice. Okin argues that if we agree that women should not be disadvantaged because of their sex, we should not accept group rights that permit oppressive practices on the grounds that they are fundamental to minority cultures whose existence may otherwise be threatened. In reply, some respondents reject Okin’s position outright, contending that her views are rooted in a moral universalism that is blind to cultural difference. Others quarrel with Okin’s focus on gender, or argue that we should be careful about which group rights we permit, but not reject the category of group rights altogether. Okin concludes with a rebuttal, clarifying, adjusting, and extending her original position. These incisive and accessible essays — expanded from their original publication in Boston Review and including four new contributions — are indispensable reading for anyone interested in one of the most contentious social and political issues today. The diverse contributors, in addition to Okin, are Azizah al-Hibri, Abdullahi An-Na’im, Homi Bhabha, Sander Gilman, Janet Halley, Bonnie Honig, Will Kymlicka, Martha Nussbaum, Bhikhu Parekh, Katha Pollitt, Robert Post, Joseph Raz, Saskia Sassen, Cass Sunstein, and Yael Tamir. (shrink)

Polygamy is associated with lower marital satisfaction and is known to involve sexual, physical, and emotional abuse on the part of the husband. Less is known about the experience of mothers in polygamous families. This study was designed to shed light on the experiences of women in polygamous families in a sample of 80 Israeli Arab mothers living in polygamous families who use social services, domestic violence agencies, and health centers. Mothers were asked to draw their experiences in their families (...) and to provide narratives for the drawings. A phenomenological approach was used to analyze the drawings, and yielded five different pictorial phenomena: (1) pseudo-sweetness, (2) houses, (3) the absentee father and the estranged mother, (4) incorporation of graphic symbols and lettering that represented distress, and (5) growth and development. Most of the drawings were restricted and shallow, indicating a complex emotional state of despair and distress. The central feelings that emerged from the drawings were negative emotions of anger, sadness, loneliness, and powerlessness. While some women longed for romantic relationships with their husbands, others expressed the desire for revenge and justice. Dissociation and parentification, as central coping strategies, emerged from the drawings and the narratives. The findings are discussed theoretically and clinically. (shrink)

This book examines, through a multi-disciplinary lens, the possibilities offered by relationships and family forms that challenge the nuclear family ideal, and some of the arguments that recommend or disqualify these as legitimate units in our societies. That children should be conceived naturally, born to and raised by their two young, heterosexual, married to each other, genetic parents; that this relationship between parents is also the ideal relationship between romantic or sexual partners; and that romance and sexual intimacy ought to (...) be at the core of our closest personal relationships - all these elements converge towards the ideal of the nuclear family. The authors consider a range of relationship and family structures that depart from this ideal: polyamory and polygamy, single and polyparenting, parenting by gay and lesbian couples, as well as families created through current and prospective modes of assisted human reproduction such as surrogate motherhood, donor insemination, and reproductive cloning. (shrink)

Introduction to the study of African Christian ethics -- Foundations of contemporary African ethics -- Foundations of Western ethics -- Foundations of Christian ethics -- Foundations of African Christian ethics -- Applying African Christian ethics -- Church and state -- War and violence -- Strikes -- Poverty -- Corruption -- Fund-raising -- Procreation and infertility -- Reproductive technologies -- Contraception -- Polygamy -- Domestic violence -- Divorce and remarriage -- Widows and orphans -- Rape -- Incest -- Prostitution and sex (...) trafficking -- Female circumcision -- Homosexuality -- HIV/AIDS -- Abortion -- Euthanasia and infanticide -- Strikes and medical services -- Drug and alcohol abuse -- Witchcraft. (shrink)

Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal (...) membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue. (shrink)

Infertility is one of the key themes in the Old Testament narrative. This infertility was experienced by the Israelite matriarchs Sarai, Rebekah and Rachel as well as several other women. This article argues that the concept infertility has given rise to injustice and discrimination, especially against women. For this reason, a constructive and a contextual dialogue between the biblical context and the context of the present is required to offer a new understanding and a liberating spirit to women and men. (...) It is crucial because there is a traditional assumption that infertility is a disgrace and misfortune for a family. The inability to have children can create problems in the home, such as divorce or polygamy for the sake of having children. Infertility constitutes a severe problem for couples in a culture that emphasises the importance of producing descendants.CONTRIBUTION: This article offers a theological contribution from the Old Testament as a critique of the culture in terms of how infertile women are treated, that is, infertility as God's grace. Also, this article offers a Christian theological understanding of the handling of infertility in an Indonesian context. It aims to redefine infertility and bring each couple to the realisation that the plight of infertility or having no children should no longer be seen as a burden for a couple but rather as part of God's grace for their lives. (shrink)