EnchantedLife
New Member
I suggest these sites, http://supreme.justia.com/us/98/145/case.html and http://www.enotes.com/supreme-court-dra ... ted-states
They are records of the landmark case against polygamy, Reynolds v. United States of America, 1878, and to my surprise, there was little analysis of why polygamy should be illegal. Anti bigamy legislation was inherited from English law, and went back centuries, and it seems that United States legislation against polygamy has never been seriously examined.
The 1878 ruling assumed that polygamy reinforced the patriarchal authority of a small number of men, and that polygamy restricted the freedom of women. There may have been some justification for that attitude in 1878, but polygamy under modern conditions should be very different. Women have more independence today, and have greater power to earn money, than late nineteenth century.
If polygamy were made legal under modern first world conditions, then women, because of their independence, will dictate which men are to be polygamous and which not. Men can no more force women to enter polygamous marriages any more than they can force women to enter monogamous marriages. Women will accept some men as polygamous husbands and not others. I do not think this has ever happened before in history.
In 1878, the United States of America was democratic and fairly egalitarian, but polygamy is inherently non egalitarian. Monogamous or unmarried men would say of polygamous men, what is so special about them? Women might think the same way. Under monogamy every Jack has his Jill, and every Jill has her Jack. This is not so under polygamy. I suspect this inequality explains the opposition to polygamy in America.
They are records of the landmark case against polygamy, Reynolds v. United States of America, 1878, and to my surprise, there was little analysis of why polygamy should be illegal. Anti bigamy legislation was inherited from English law, and went back centuries, and it seems that United States legislation against polygamy has never been seriously examined.
The 1878 ruling assumed that polygamy reinforced the patriarchal authority of a small number of men, and that polygamy restricted the freedom of women. There may have been some justification for that attitude in 1878, but polygamy under modern conditions should be very different. Women have more independence today, and have greater power to earn money, than late nineteenth century.
If polygamy were made legal under modern first world conditions, then women, because of their independence, will dictate which men are to be polygamous and which not. Men can no more force women to enter polygamous marriages any more than they can force women to enter monogamous marriages. Women will accept some men as polygamous husbands and not others. I do not think this has ever happened before in history.
In 1878, the United States of America was democratic and fairly egalitarian, but polygamy is inherently non egalitarian. Monogamous or unmarried men would say of polygamous men, what is so special about them? Women might think the same way. Under monogamy every Jack has his Jill, and every Jill has her Jack. This is not so under polygamy. I suspect this inequality explains the opposition to polygamy in America.