AN ESSAY IN DEFENSE OF RELIGIOUS LIBERTY: Why should the status of plural marriage or polygamy be criminalized? What allows the State such wide sweeping and draconian powers? Is it because the vast majority of the American population disfavors these minority groups or families that practice plural marriage? One may seek an honest answer to the prior inquiry by shifting the call of the question. Should the status of being Black or Catholic, Baptist or Muslim be classified as criminal in this nation? The answer is obvious. A mere status, unlike action, such a child and spousal abuse or terrorist conduct is not inherently criminal. In other words, it is very clear that not all Muslims are terrorists; not all Blacks beat up on their wifes and children; not all Baptists are members of the KKK and hunt negros; not all Catholics are for an American Papal State that wish to actively overthrow the United States government; nor are all Mexicans in favor of carving up America into Aztalan, by whatever, means at their disposal. While as in any minority subset, it is true, that each of the aforementioned groups have a certain unsavory and radical element the entire minority certainly is not tainted by a slim criminal element. The same is true, of these Mormon polygamist offshoots. In fact, in the main, these minority Mormon polygamist offshoots are very good people like Blacks, Catholics and Baptists. So given these facts, why should these minority groups be criminalized? The answer is because of modern day bigotry, hatred, bias and prejudice. Interestingly, the law in Utah has recently decriminalized polygamy. This is interesting because at one time, polygamist families walked the streets of Salt Lake City and other Utah cities freely, openly and with pride. It is well documented how the Federal government enacted laws against polygamy and forced Utah to discontinue the practice. Even today, much of Utah land had been forceabily and unconstitutionally annexed outright by the Federal government. In addition, other areas of Utah were aggressively annexed by Nevada by Federal fiat. Astounding, but nonetheless true. Perhaps, if true justice were to be facilitated, polygamy would not only be decriminalized, but recognized but restored as a legal practice. In addition, the Federal government return Utah lands by recognition of the wrongul pretext upon which these lands were stolen from Utah. The same is true of the Nevada thefts of Utah sovereign lucrative territory with the help and assistance of the Federal government. One could question the substantive motive behind the criminalization of polygamy. It is a well known matter of public record that the mormons were ruthlessly driven from United States sovereignty after the martyrdom of the prophet Joseph. President Brigham Young lead the main body of Saints into the Valleys of the Rocky Mountains. At that time, the Utah wilderness was part of Mexico. Polygamy was lawful and openly practiced. Unlike the period when the prophet Joseph had to practice polygamy in a more secretive and less regulated manner, under Brother Brigham the practice became much more open and uniform as to marital integrity. That means, the first wives must have a knowlege and give their blessings and consent to the subsequent marriage vows. These were no rubber stamp consents but rather much consideration was given to the common community. Moreover, the family community must be able to adequately support the addition of another spouse. President Youngs improvements due to the fairness of marriage laws in Utah prior to Federal encroachments and criminalization allowed Government and religious influence to provide for the overall sanctity of marriage reforming the practice of polygamy into a more equtable institution. Thus, polygamy became a more honest and open institution resembling the stabiliy of the family and society rather than a secretive, clandestine fling or affair. These advances in polygamy were directly corrolated with the advancement of the Utah civil law. Without the hinderance onerous government criminalization and regulation the practice of polygamy flourished and thrived in Utah under the direction of Brigham Young. ( yes, it is of course true, that modern feminist can always point out cases of abuse, but, in the main the polygamist families provided an extraordinary sense of stability and community and a thriving economy) Mormon apologists and feminist dishonestly attempt to falsify statistics and claim the practice was marginal. This is insulting to any serious student of history. The practice was closer to 30 to 40 percent of the population and often refered to openly in conference talks by significant and important general authorities. Shame on the revisionists. The point is that one does not have to embrace Catholcism or Islam to understand that Equal Protection of the law means to have no law that unfairly or maliciously discriminates against a minority population. These minority populations deserve the protections of the law. Of course, inversely, no minority has the right to impose a tyrrany over the majority. This means legal protection to minorities but not power to impose their will on the majority. In terms of polygamy what does this mean. It means, that polygamy should not be criminalized and those whom wish to practice should be allowed to do so with impunity. However, the laws should never impose polygamy on the majority of the population that do not wish to parcipate in such a practice. Respectfully Submitted Jeffrey E Elliott, Esq.
Posted on: Tue, 23 Dec 2014 11:25:41 +0000
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