Blogger's Note: Below is an excerpt from the book I co-authored with
Philip L. Kilbride, entitled "Plural Marriage for Our Times: A Re-
invented Option? Second Edition," published by Praeger, Santa
Barbara, California, August 2012. In light of the recent decision
by Federal Judge Clark Waddoups over the case made by "Sister
Wives" television star Kody Brown and his four wives, this chapter
is presented as the debate in the United States about marriage,
especially plural ones, continues as well as all unions considered
different, perhaps even outside the norm, to traditional,
heterosexual, monogamous marriage, are questioned.
by Federal Judge Clark Waddoups over the case made by "Sister
Wives" television star Kody Brown and his four wives, this chapter
is presented as the debate in the United States about marriage,
especially plural ones, continues as well as all unions considered
different, perhaps even outside the norm, to traditional,
heterosexual, monogamous marriage, are questioned.
"A Love not to be Feared"
It
must be the times in which we live.
Because it strikes us as
odd that it is easier for people to accept
divorce than it is for them to
support plural marriage.
We
base this thought on the many conversations the co-author
has had with people when he’s told them about
this book. Their
reactions have
included the following: “Why would anyone want
plural
marriage? They abuse women and children?” “If people hate
their wives or their
husbands, just get divorced. Don’t add a spouse.”
“There’s a reason we have
divorce. So people can end bad mar-
riages.” “No woman wants more than one
husband.” “Men don’t
know how to
live with one wife. They don’t need two – or more!”
“Plural marriage? That’s a little out there.”
Maybe
it’s because so many people have been touched by
divorce in the last 30 years that the idea of marital
break up is found to
be more comforting and easier to accept than the idea of plural
marriage.
Or perhaps
Americans just casually accept the idea of marital failure.
It’s just a matter of time, some
people might say silently to themselves,
before a couple they know, including themselves,
whose wedding they
may have attended, wind up sitting in a court room and
asking
a judge to end their marriage.
Perhaps this
acceptance is part of the fall out from the divorce
culture, which Barbara Dafoe Whitehead warned
about many
years ago.[i] In fact, in a recent survey by the Gallup
Organization,
in 2008, it was learned that 70 percent of all adults found divorce
“morally
acceptable.”[ii] As for children, more than 23
million
are growing up in a household
headed by either a single or divorced
parent, the Census Bureau reports.[iii] In light of much evidence that
divorce
is harmful for children perhaps that is why
Americans want
children raised in intact, two-parent families.
According
to the last Census, there were more than 24 million
divorced adults in the United States and
there were more than
another 75 million adults who were never married, which
means
the country now has around 100 million adults who are single
or
divorced. That’s about 41 percent
of all adults.[iv]
So
what’s better, going all out to keep marriage as it is – an institution
solely for two people, with,
perhaps, a minor change, allowing two
people who share the same gender to marry –
or expanding marital
opportunities so children living in single-parent houses have
an
opportunity to grow up under improved
economic circumstances?
To
us, the latter, while certainly a controversial idea for a society
that outwardly claims to be
monogamous, is the better idea. It
improves children’s chances, giving them better
childhoods, and
more likely turning them into healthy, educated, well-adjusted
adults.
The former – standing on
ceremony on behalf of monogamy –
dim-
inishes many children’s prospects for the future.
The
difficulty most Americans have in accepting plural marriage is
that they keep returning to the model
they have seen too often on
television or read about in newspapers or
magazines: It’s an abusive
system
– with adults marrying children – and puts far
too much power
in the hands of a patriarch.
We
are suggesting people look upon plural marriage with a new
set of eyes – as a much more equitable
system of marriage that allows
not only men to have plural spouses but also
women, too, legally of
course. We
are proposing this so to recognize what
already exists
often in the shadows of criminalization and secrecy. We favor a
system whereby children grow
up with at least two parents, providing
them with
the guidance they so need and require with
the benefits of public legality.
And,
indeed, based on the economics we know, as shown in an
earlier chapter, married women are in a
stronger economic position
when compared to all other women of all other
marital statuses.
That means that
married women beat out – financially at
least –
their single and divorced counterparts. Since many single and never
married women, especially those in their 20s, are giving birth and
bringing up
children, isn’t there a way we can offer many of
them an improved financial
position, not only for them but also
for their children? We believe there is by expanding
marital
options through plural marriage.
Based
on the latest information from the U.S. Census Bureau,
the United States is teetering on the
threshold of having more
single than married adults. As it is, fewer than half of all
adults
are married and living with their spouses. The traditional
outlook on
marriage – something that is only for two people
of the opposite gender – does not
appear to be the solution that
is going to increase the ranks of the married
anytime in the near
future. So it
is best that we consider and debate – and hopefully
make legal – the option of plural marriage as described in this
book.
In
a legal, plural marriage, as law professor Adrienne Davis has
outlined, there is a means by
which marital assets can be equit-
ably broken up. She suggests that plural marriages be guided by
partnership
law, which is similar to how some states,
California
especially, divide assets in a marital breakup.
Plural marriage works for some and
doesn’t work for others in
the same way that monogamous marriage works for some but
not for
others. “It depends” is
our principle based on a strong
empirical research often in more than one culture or nation.
By saying “it depends,” we’re saying that some people have
the partners, personality, means and
lifestyle to make
plural marriage – and even monogamous marriage – suc-
cessful
while others do not.
Many studies show younger Americans
and Europeans are
less committed to marriage than previous generations. Kil-
bride finds college students, overall, to be keenly aware
of the disruptions
caused by divorce. As a result of these
experiences, few seem willing to defend
the status quo of
heterosexual, monogamous marriage – in American
family culture.
What does this mean for the future of marriage?
Strangeness
Polygamy today remains a
stigmatized practice despite
much more public knowledge about it. But the strange-
ness of polygamy is, in fact, not so strange when com-
pared to many another cultural practices.
Consider this for example: “For some Japanese men,
body
pillow girlfriends based on comic book characters now
take the
place of the real thing.”[v] Lisa Katayama writes
that in Japan,
where 25 percent of men between ages 30-34
are virgins, their difficulties in coping with
modern romantic life
may explain why they turn to life-size dolls. One informant
told Katayama that he, “knows it’s weird for a grown man
to be so obsessed with
a video game character… ‘when I
die I want to be buried with her in my
arms.”[vi] Anthro-
pology students tell Kilbride that using dolls as romantic
partners is spreading across the United States.
In fact, there’s a company, based
in California, called
“Real Doll.” Google it.
You’ll get the idea, fast!
In our view, marriage in its many
forms is preferable to
otaku-like substitutes, especially from a child-centered
perspective. For example, since much of the work of
raising children in the world’s
cultures is done in the
context of marriage, this practice cannot substitute for
parenting functions within marriage.
We were struck
by a news account from South Korea about a married
couple so preoccupied with catering to the
imaginary
needs of its virtual child that its human baby starved
to death.[vii]
The term “strange,” commonly
applied to polygamy,
is in fact, upon cross-cultural examination, including
the observations just
considered, not so strange at all.
As we have seen in the book, it is a form of marriage
and family culture that’s widespread today just as it
was in the
past. The attitude, “It depends” also applies
to our opposition to
extreme cultural relativism
(the idea that each cultural practice can only be evaluated
in its cultural context).
On this view, “otaku,” a
relationship with a life-size doll, and polygamy,
are equally valid, enjoying approved status in
at
least one culture. We
think marriage, even in its many
forms, is far more preferable to doll substitutes.
Marriage brings people together, which is better
than “making love” to a doll.
The media and entertainment
industries play a
significant role in the
attitudes the general public
holds toward a number of issues. Television
shows like “Big Love” and “Sister Wives” as
well as other family-based
shows on the air
today, show that family life is far different that
it was in
the 1950s and 1960s.
In “Big Love” a man in Utah has
three wives who
live in separate houses side by side.
Family life is
made routine to the viewers as issues of sexuality,
work, religion, and morality play out against
the
backdrop of life in contemporary America. “Sister
Wives” is similar to “Big Love” but is based on
the real lives of a polygynous family, which
recently moved to Nevada.
On
“Big Love,” John Tierney, in The New
York Times, wrote, “The story of a husband with
three wives in Utah will not terrify
Americans.
Polygamy does not come off as a barbaric threat to
the
country’s moral fabric…not one that could ever
be a dangerous trend in
America.”[viii] He con-
cluded his piece writing, “These three wives …
sound much
like the women in polygamous
marriages I’ve talked to in rural
Africa…Overall,
they figured it was better to share one prosperous
husband
than to marry someone else without land,
cows, or a job.”[ix] Tierney notes that polygamy
isn’t necessarily worse than the current American
alternative, divorce and re-marriage, sometimes
referred to as serial monogamy
or, as is said
in Africa, “non-simultaneous polygamy.”
The father in “Big Love,” unlike so
many fathers
in America, is committed to maintaining his
marriages and relationships
with his wives
and children.
How much more in favor of
“family values” can you get than that?
Despite
Tierney’s optimism that “Big Love” will
not terrify Americans, the evidence, as of late, is not
encouraging. A recent, fair and balanced National
Geographic
article entitled “The Polygamists”[x]
aroused
primarily negative letters to the editor.
Factual
knowledge about polygamy matters as
societies everywhere have a vested interest in a
healthy marriage and family
culture. For those
opposed to marriage in any but one form, they
need to ask
themselves that if there is only a
minimal marriage opportunity –
heterosexual
monogamy – how will children be reared?
Although marriage is often
difficult, there is strong
evidence that marriage has some significant health
benefits.[xi] In this extensive survey we learn,
“scientists have continued to document the
‘marriage advantage’; the fact that married people
on average appear to be
healthier and live
longer than unmarried people.”[xii] Studies
show a marriage advantage, for example, in
pneumonia, surgery, cancer, and heart attacks.
People in stressful marriages enjoy
no advantage.
An extensive study of men and women in their 50s
and 60s found that, “when the
married people became
single again … by divorce … death of a spouse,
they
suffered a decline in physical health from which they
never fully
recovered.”[xiii] Remarriage after divorce
helped only some. Divorce, it appears, often a rou-
tine solution for marital woe, is detrimental and not
only
for children.
State government action concerning
marriage is very
much in the forefront of public policy today invol-
ving a few states that
have legalized same-gender
marriage.
Efforts for a constitutional amendment at
the federal level to prohibit all but heterosexual
monogamy
appear to be on the back burner, at
least for now.
University of Chicago Law School
Professor Martha
Nussbaum, considered earlier, identifies a number of
issues to be
addressed should polygamy be legalized.
She believes that, “Children would have to be protected
so the law would have to make sure that issues such
as
maternity/paternity and child support were well
articulated…polygamous unions
would…be
difficult to administer – but not impossible with good
will
and effort.”[xiv] For Nussbaum, issues related
to marital dissolution include:
property rights after
divorce or death; legal and financial
responsibility for
minors and custody rights with divorce; and of course
income tax
assessments.
Nussbaum (2000) proposes a
capabilities approach
in evaluating public policy objectives by assessing
quality of life
outcomes. She proposes specific
capabilities as fundamental to human existence,
which
would serve as a framework for evaluation and policy.
Her universalist perspective includes, for example, an
expectation for a normal
life span, freedom of bodily
movement, and opportunities for social
interaction and
having an emotional life without fear and anxiety.
She notes that a capabilities perspective means,
“having the social bases of
self-respect and
non-humiliation; being able to be treated as a
dignified
being whose worth is equal to that of
others. This entails provisions of non-
discrimination on the basis of race, sex, sexual
orientation, ethnicity,
caste, religion, national
origin.”[xv] Applying Nussbaum’s policy framework
to
polygamy in the United States, it is clear that
public policy needs to be
directed to improve the
quality of life of those whose pursuit of the good life,
though unconventional, is unnecessarily stigmatized.
The most serious policy issue
mentioned by Nussbaum
is likely taxes, already a matter of growing concern in
the United
States and around the world. One
of the
letters critical of the polygamy article on FLDS in
the National
Geographic mentioned taxes.
The
letter, in part, states,
If
an FLDS man has four wives, only
one of them is legally married
in the
eyes of the state and federal
government. The
other three are
single women with no income,
no assets, and
multiple children who
apply for and consume every state
and
federal entitlement benefit for
which they are eligible. These
communities thrive through the
generosity of the American tax-
payer and the willingness
of
state authorities to turn a blind
eye to the misuse of entitle-
ment funds.[xvi]
In Canada, a recent piece reports
the term
“bleeding the beast” is used by some FLDS to
describe strategies to take money from
the
government.
This article does not fail to cite
obvious problem cases like “self-styled ‘Bishop
of Bountiful’ Winston Blackmore,
whose 22
wives and 119 children all draw taxpayers’ funds
while pursuing
their…illegal life style.”[xvii] The
story concludes that unemployed
wives with
children often obtain child tax benefits based on
one low income
mother’s rate, a situation, it could
be noted, would not be possible if all
wives
were legal and therefore taxed.
Taxes
are an issue in other countries beyond
Canada and the United States.
In the United
Kingdom, a man who marries polygamously in a
country where it is legal can draw
benefits from the
government as all of his wives are recognized as
dependents.[xviii] For those who wish to limit
tax abuses of polygamy, this example
indicates
that making it legal first and then taxing fairly,
probably will
not be popular among those who
presently profit by informal and unregulated
polygamy.
David
Popenoe (1999), a national authority on
marriage and the family, proposes recommen-
dations to strengthen
heterosexual monogamy,
which, for him, is superior to other forms of the
family
including, for example, same-gender marriage and
single
parent homes. He believes that a father and
mother, united through
marriage, have biologically
based, complimentary differences needed for
positive child development.
Popenoe lauds such
sex typed parenting differences whereby some studies
show mothers are overall “responsive”
and
fathers are “firm.”
He states further, “…many
studies have shown that men interact with children
in a different way than women,
suggesting that the
father’s mode of parenting is not interchangeable
with that of the mother’s…men emphasize play more
than caretaking…”[xix]
Popenoe is correct to develop
policy recommendations
even if only to strengthen two- parent, heterosexual
households
which are central in our national cultural
family ideology. Strengthening families through
marriage is also in the interest of all families. We
disagree with his argument that marriage should be
exclusively heterosexual and
monogamous. We
want to strengthen marriage, too, so by seeing its
rights,
privileges and responsibilities extended to
same-gender couples as well as
polygamous
men and women.
Popenoe’s argument to bolster
the “essential father” by marital links to his child’s
mother is precisely what we’re
proposing as
an argument in favor of plural marriage – absent
the shackle
of essentialism so often applied to it.
People,
for centuries, through songs, novels, poems,
first-person accounts, politics,
religious faith and
rigorous, academic study, have attempted to explain
and
define love. Yet it remains
mysterious. How
do you know when you’re in
love? Is the emotion
of love that
one person experiences for someone
exactly the same that another person experiences
for someone? Can you love two
people, maybe
more, simultaneously?
Is that wrong?
What’s
worse – a society that loves (even if it does
make room for many different
combinations of lovers)
or a society that doesn’t love at all? This question,
explored in variety of literature, including George
Orwell’s 1984 to Aldous Huxley’s Brave New
World and Margaret Atwood’s The Handmaid’s
Tale, would likely lead most readers to conclude that
a society
that loves – even if some of the
love expands
the boundaries beyond what the majority considers
acceptable and
normal – is far better than one that
doesn’t.
Why
is love so important? Because in
the 21st
century, as with the previous one,
it’s a reason
two people marry in America; if it fades away
from the
marriage, it’s a reason people seek a divorce.
How
can a government sanction only one version
of legally allowable, committed
relationships, especially
when there are plenty of examples showing
hetero-
sexual, monogamous marriage doesn’t work for
everyone? Does a
government that only permits
monogamous marriage alienate lonely, divorced
and
never-married men and women?
How
can two Abrahamic faiths, Judaism and
Christianity, place limits on marriage,
when another
one, Islam, allows polygyny?
Do you need to be
in love to
marry? Do you need to hate to file
for
a divorce?
Can
plural marriage, which creates extended families,
become the next social safety
net? Are young men, in
their late
teens or early 20s, at a heightened risk of not
marrying women their age if plural marriage is legal?
Could plural marriage save
one couple from divorce by
adding a spouse and spare their children the
emotional
and economic upheaval such breaks up can cause, not
to mention
frequent harmful impact on children?
Are
these questions we shouldn’t ask because they
make people uncomfortable?
If
we have done our job effectively, we’ve left you
with more questions than
answers. That’s why the
title of
this book ends with a question mark,
not an
exclamation point.
You can buy the book here:
http://www.amazon.com/Plural-Marriage-Our-Times-Reinvented/dp/0313384789/ref=sr_1_1?s=books&ie=UTF8&qid=1387411021&sr=1-1&keywords=plural+marriage+for+our+times%3A++A+reinvented+option+second+edition
You can buy the book here:
http://www.amazon.com/Plural-Marriage-Our-Times-Reinvented/dp/0313384789/ref=sr_1_1?s=books&ie=UTF8&qid=1387411021&sr=1-1&keywords=plural+marriage+for+our+times%3A++A+reinvented+option+second+edition
[i] One of the
most thorough articles ever written about divorce’s affects on family life was
authored by Barbara Dafoe Whitehead and appeared in the April 1993 edition of The Atlantic Monthly, entitled, “Dan
Quayle Was Right.” The article’s title was referencing former Vice President
Quayle’s response to a popular television show, “Murphy Brown,” where the lead
character gave birth without being married. Dafoe Whitehead’s article can be found here: http://www.theatlantic.com/magazine/archive/1993/04/dan-quayle-was-right/7015/
[ii] “Cultural
Tolerance for Divorce Grows to 70 %,” May 19, 2008, http://www.gallup.com
[iii] Table
D1: Characteristics of Children
Under 18 and their Designated Parents:
2009, United States Census Bureau, August 2010, http://www.census.gov.
[iv] Table
A1. Marital Status of People 15
Years and Over by Age, Sex, Personal Earnings, Race and Hispanic Origin,”
United States Census Bureau, November 2011, http://www.census.gov.
[v] “Love in 2-E,” The New York Times
Magazine, Lisa Katayama, July 26, 2009, pp. 20
[vi] Katayama, ibid., pp. 20
[vii] “Couple starved real baby while raising
virtual baby,” The Examiner, March 6, 2010, Tanya Valdez, http://www.examiner.com
[viii] “Who’s Afraid of Polygamy,” The New York
Times, March 11, 2006, John Tierney, http://www.nytimes.com
[ix] Tierney, ibid.
[x] “The Polygamists,” National Geographic,
February 2010, Scott Anderson, http://ngm.nationalgeographic.com
[xi] “Is Marriage Good for your health?,” The
New York Times, April 18, 2010, Tara Parker-Pope, http://www.nytimes.com
[xii] Parker-Pope, ibid.
[xiii] Parker-Pope, ibid.
[xiv] Martha Nussbaum, “Debating Polygamy,” The
Faculty Blog, The University of Chicago Law School, http://uchicagolaw.typepad.com/faculty/2008/05/debating-polyga.html
[xv] “Women and Cultural Universals,” pages
197 – 228, Martha Nussbaum, Pluralism: The Philosophy and Politics of
Diversity, Maria Baghramian and Attracta Ingram, editors, (New York: Routledge, 2000), page 212
[xvii] “B.C. polygamist leader ‘see no sin’ in
taking tax money,” National Post, June 16, 2009, Suzanne Fournier, http://www.nationalpost.com
[xviii] “Polygamous husbands can claim cash for
their harems,” The Daily Mail, April 18, 2007, http://www.dailymail.co.uk
[xix] “Modern Marriage: Revisiting The Cultural Script,” pages
151 – 167, David Popenoe, The Gendered
Society Reader, Michael S. Kimmel, editor, with Amy Aronson, (New
York: Oxford University Press,
2000), page 162