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Elizabeth Marquardt

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Get Ready for Group Marriage

Posted: 11/15/2011 10:50 am


Is the prospect of group marriage far-fetched? Probably not. There are several avenues that could soon lead to legal recognition of unions involving three or more people. The efforts come from the fringes of the left, from the darkest corners of the fundamentalist right, and from the laboratories of fertility clinics and hard scientists around the world.

From the fringy left: Polyamory

Polyamory describes relationships of three or more people -- it literally means "many loves." Polyamorists say they practice "ethical non-monogamy," or relationships that emphasize open communication, respect, and fair treatment of one another.

The debate about legal recognition of polyamorous relationships is already well underway. A major report issued in 2001 by the Law Commission of Canada asked whether marriages should be "limited to two people." Its conclusion: probably not. A British law professor wrote in an Oxford-published textbook that the idea that marriage meaning two people is a "traditional" and perhaps outdated way of thinking. Elizabeth Emens of the University of Chicago Law School published a substantial legal defense of polyamory in a legal journal. She suggested that "we view this historical moment, when same-sex couples begin to enter the institution of marriage, as a unique opportunity to question the mandate of compulsory monogamy."

Mainstream cultural leaders have also hinted at or actively campaigned for polyamory. Roger Rubin, former vice-president of the National Council on Family Relations--one of the main organizations for family therapists and scholars in the United States--believes the debate about same-sex marriage has "set the stage for broader discussion over which relationships should be legally recognized." The Alternatives to Marriage Project, whose leaders are featured by national news organizations in stories on cohabitation and same-sex marriage, includes polyamory among its important "hot topics" for advocacy. The Unitarian Universalists for Polyamorous Awareness hope to make their faith tradition the first to recognize and bless polyamorous relationships. Meanwhile, a July 2009 Newsweek story estimates that there are more than half a million "open polyamorous families" living in America. Nearly every major city in the U.S. has a polyamory social group of some kind.

If polyamorists are too busy juggling multiple intimate relationships to have time to push for marriage rights, their supporters might fight the battle for them. In an influential document, "Beyond Same-Sex Marriage: A New Strategic Vision for All Our Families and Relationships," released in 2006, over three hundred gay and lesbian activists and their supporters--including attorneys, academics, grassroots leaders, and luminaries such as Gloria Steinem, Barbara Ehrenreich, and well-known professors from the Ivy Leagues--called for "legal recognition for a wide range of relationships, households and families" including "households in which there is more than one conjugal partner."

From the radical right: Polygamy

Coming from a very different direction, another challenge to the two-person understanding of marriage is resurging--polygamy, a marriage form with deep roots in human history and still in evidence in many parts of the world.

The debut in spring 2006 of HBO's television series, Big Love, which featured a fictional and in some ways likeable polygamous family in Utah, propelled polygamy to the front pages of American newspapers and put the idea of legalized polygamy "in play" in some surprising quarters. That March, a Newsweek article with the title "Polygamists Unite!" quoted an activist saying, "Polygamy is the next civil rights battle." "If Heather can have two mommies," he argued, "she should also be able to have two mommies and a daddy." That month the New York Times devoted much attention to the subject of polygamy. One economist snickered that polygamy is illegal mainly because it threatens male lawmakers who fear they would not get wives in such a system. In an opinion piece, then-columnist John Tierney argued that "polygamy isn't necessarily worse than the current American alternative: serial monogamy." He concluded, "If the specter of legalized polygamy is the best argument against gay marriage, let the wedding bells ring." More recently, polygamy has gone to the heart of middle America with a TLC reality television show, Sister Wives, which features one man, four "wives" (he is legally married only to one of them), and sixteen combined kids.

Across the pond, in Britain in February 2008 a government panel recommended that as long as Muslim men married multiple women in countries where such unions are legal, then all the spouses should be eligible for state aid. That same year it was revealed that in the Netherlands polygamous marriages contracted elsewhere are commonly registered and recognized by Dutch authorities.

Back home, a pending court case is offering a defense of polygamy, with lead counsel and noted legal scholar Jonathan Turley of George Washington University arguing this summer in the New York Times that the Lawrence vs. Texas Supreme Court decision in 2003 should protect the private choices of polygamists.

From the labs: Three-person reproduction

Another route to legalized group marriage could evolve via new court decisions and expert proposals that recognize group-parenting arrangements. Judges in the U.S. and Canada have already given legal parental status to a sperm donor father whose offspring had two legal mothers -- resulting in the first instances ever in which a child has three legal parents. In New Zealand and Australia, commissions have recommended allowing egg and sperm donors to "opt in" as children's third legal parents. Meanwhile, scientists in the U.K. have received state permission to create embryos that have the DNA of three persons. It will not be long before group marriage proponents ask: How can children with three legal parents be denied the same marriage rights and protections for their families that children with only two parents have?

All of which begs questions: How do children feel when they are raised by three or more persons called their parents, especially when those people disagree? If their three-plus parents break up, how many homes do we expect these children to travel between? And why would anyone watching news coverage of arrests at polygamist compounds in Texas or British Columbia -- seeing hundreds of pale women wearing identical ankle-length dresses and braided hair amid reports of widespread abuse of and pregnancy among girls -- think that polygamy is compatible with a society that values women's rights and children's safety?

Get ready for the debate. And in the meantime, wedding planners: start figuring out how many brides and grooms you can fit down that aisle.

To learn more and see citations, read my new report, One Parent or Five: A Global Look at Today's New Intentional Families, available free online at FamilyScholars.org.

 
 
 
 
 
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This user has chosen to opt out of the Badges program
12:47 PM on 12/02/2011
Divorce with 2 people is bad enough what's going to be like with more than two involved.
11:06 PM on 11/25/2011
Love seeing all the other poly people up here. Personally, I'm not concerned about plural marriage as recognized in law, but definitely want it written out of the criminal code. This is how we are, we will be non-monogamous whether the government says its okay or not. We aren't evil, we aren't hurting anyone, the idea that in my state, if my girlfriend and her husband were to live with my wife and I, even without a formal ceremony, we could be carted away to jail, fined, and/or have their children taken away is crap.
05:42 AM on 11/24/2011
I think you'll find that, using the Bible to prove the legality of any type of union that's not "one man, one woman," is going to be harder than people think.

A thoughtful post on the Biblical Stance of Marriage, courtesy of my friend:
http://theanswergirl.tumblr.com/post/12509746906/marriage-whats-the-biblical-stance-clicking#tumblr_notes
03:25 PM on 11/23/2011
Polyamory is not the same as group marriage, and it doesn't mean all 3+ people are "in a relationship." Describing polyamory that way is trying to describe it in terms of monogamy, since that's the only arrangement most people understand. Non-monogamy is a much better umbrella term to use with a general audience. (However, tons of people already practice non-monogamy, they just lie to their spouses and partners about it.)
06:40 PM on 12/29/2011
How are polyamory and group marriage different? I always kind of thought they were the same thing.
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05:59 PM on 11/21/2011
Instead of trying to redfine marriage so no one gets left out, let's just abolish the entire institution. Or at least get the government out if it. Thinks about haw many billions of dollars we spend each year supporting the wedding and divorce industries.

Since our culture now includes phrases like "starter marriage" and "third husband" it's obvious that marriage is dead anyway. It seems to be nothing more than a legal contract used to enforce the inevitble distrubution of assets. The decline of marriage over the last several decades indicates that today's couples, are abandoning it anyway. Why would anyone want a fresh ticket to the Titanic?

The free love of the sixties has now come to pass as mainstream thought. Why muddy the waters with pesky contracts?
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jf12
Esta vez saldré como las otras y me escaparé.
02:46 PM on 11/17/2011
What is the debate? As soon as you are able to redefine marriage any way that suits facts on the ground, like we as a society now have, then legal poly-marriage is a given.
10:05 AM on 11/17/2011
As someone who has practiced polyamory for over forty years, I've heard a lot of speculation about how group marriages might be recognized or legalized, the gay marriage debate, etc. The real answer to all this is to recognize that government has no place in the marriage business to start with. Government regulation of what kind of marriage people can have makes no more sense than the government telling you what kind of house to live in.

Government regulated marriage is really a violation of freedom of religion, because it is legislation of religious practice. It is very surprising that any religion that views marriage as a sacrament should welcome the government telling them how to administer that sacrament. It is certainly a case of rendering unto Caesar that which is the Lord's.

So the real answer to the polyamory, polygamy, group marriage issues is for the government to but out, not make increasingly inane laws.
HUFFPOST SUPER USER
Vicki Larson
Journalist, mother, thinker
07:17 PM on 12/11/2011
@AlvySinger — "Government regulated marriage is really a violation of freedom of religion, because it is legislatio­n of religious practice." No, actually marriage is not a religious practice; it is a legal document. Atheists and agnostics marry without any religion, thank you very much.
romano70
If conservatives were smart, they'd be liberals
11:05 AM on 11/16/2011
I think that this is going to be an uphill battle for proponents. Perhaps more so than legalization pot and definetely a lot harder than legal recognition of gay marriage. It is going to be fun to watch the conservative right blow up over this and bring the Bible into the conversation when Abraham himself as well as King David had hundreds of wives. I suspect the religious right is going to contradict itself so many times in the next 30-50 years that they are going to implode. Hope I get to see it.
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HUFFPOST SUPER USER
frank1946
Tell the Truth
08:55 AM on 11/16/2011
Many Loves...............maybe ?
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HUFFPOST SUPER USER
dkrypt
Unencumbered by political correctness
08:46 AM on 11/16/2011
Since gay marriage has opened up the door for wholesale redefinitions of marriage, this polygamy stuff is guaranteed to happen, and next up: lowering marriage age down to the age of being able to procreate.

Also, due to respect for multiculturalism, arranged marriages will have their say as well. In fact they're already happening in America http://www.alternet.org/sex/92561/the_rise_of_arranged_marriage_in_america/
11:02 AM on 11/16/2011
Why on earth would the next step be lowering the marriage age down to the age of being able to procreate? You are confusing issues here. One involves consenting adults who wish to redefine a traditional institution. The other involves children. In a civilized society, children shouldn't marry anyone, regardless of whether their bodies can conceive children.
romano70
If conservatives were smart, they'd be liberals
11:10 AM on 11/16/2011
God forbid the law recognizes a union different than the one you chose, is that what you are saying? Are you saying that there is a "right way" to provide legal protections to a union made out of love, and that other kinds of unions should not be protected by the law, even if they involve offspring? Your comment of lowering marriage age is without merit or eveidence and your comment about arranged marriages assumes people being forced into it, which in most cases is defientely not the case. Your comment also showd total disregard for practices that are thousands of years old (isn't the goal of conservatives to "conserve" these tradiitons? That's a complaint from them regarding gay marriage!). So all in all, the only thing that was clear form this comment is that conservatives are afraid of change. very afraid.
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Bigwave48
08:35 AM on 11/16/2011
Ok, this is what a can of worms look like. When the supreme court ruled on the first amendment
right of corporations, giving them the same rights as individuals, as if they where people. They can join, or merge so to speak, to make them more powerful, a stronger political force, and so and so on.
Now marriage or a union of two or more could get challenged by the supreme court. Are we
going to limit the number, if so why not limit corporations from doing the same thing, A double
standard here is apparent . Why the supreme court would give giant corporations more power
then individuals is beyond my comprehension. But this idea of more then two joining in marriage
is the same concept. To deny them the same rights of corporations, would go against their
last ruling on the 1st amendment, You can't have it both ways.
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HUFFPOST COMMUNITY MODERATOR
Connor Alexander
The proper authorities have noted your attitude.
11:51 AM on 11/16/2011
My answer: Constitutional amendment clarifying Santa Clara vs. Union Pacific as defining a corporations as a business entity and NOT a person.

Second, get the government out of marriage. It has no business supporting or promoting religious institutions. Nor should single people have to be penalized.
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HUFFPOST SUPER USER
glockman
08:30 AM on 11/16/2011
So what if three adult people want to engage in a "ploy"-whatever relationship?

How will their doing so impact the rest of us? It won't.
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ZenSufi
Sisters and Brothers of America!
09:36 AM on 11/30/2011
You're saying marriage is a "ploy"?
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08:29 AM on 11/16/2011
It's a great idea. Did the National Lawyers Guild start pushing this? I was thinking they could benefit from this.
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ChicagoBob
Save the Earth-It's the only planet with chocolate
08:28 AM on 11/16/2011
This is soooooo 70's.

Get a grip, girl, and ease up on the acid.