Ozzie and Harriet and, little house on the Prairie had done for prior generations of urban and rural families. G., janet Bennion, polygamy in Primetime: Media, gender, and Politics in Mormon Fundamentalism 167 (2012). Just as same-sex advocates moved first against the criminalization of sodomy and then for the recognition of same-sex unions and marriage, so pro-polygamy advocates aim first to repeal traditional criminal laws against polygamy and then to include polygamy as an alternative form of valid marriage. 15Already in 1972, the national coalition of gay organizations advocated the repeal of all legislative provisions that restrict the sex or number of persons entering into a marriage unit and extension of legal benefits of marriage to all persons who cohabit regardless of sex. Eskridge,., Challenging the Apartheid of the Closet: Establishing Conditions for Lesbian and gay intimacy, nomos, and Citizenship, 25 Hofstra. 817, 941 (1997) "ng State demand.
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And polygamy, according to some more recent writers, was a threat to good citizenship, social order, and political stability, even an impediment to the advancement of civilizations toward liberty, equality, and democratic government. See, witte, supra note 3, at 389439 (citing the ideas of Francis lieber, Arnold heeren, and Henry lewis Morgan). For nearly two millennia, the west has thesis thus declared polygamy to be a crime and has had little patience with various arguments raised in its defense. With the growing liberalization of traditional Western norms of sex, marriage, and family life in recent decades, and with the escalating constitutional battles over same-sex marriage, these traditional Western criminal laws against polygamy are coming under increasing pressure. The first cases challenging the constitutionality of these laws have been filed—with an American federal district court in Utah striking first in declaring partly mistakes unconstitutional Utahs state laws against polygamy. Utah 2013) (granting summary judgment for the Browns and holding that Utahs prohibition on polygamous cohabitation is unconstitutional see also, brown. Utah 2012) (holding that Kody Brown and his sister wives faced a credible threat of prosecution for bigamy from Utah authorities and thus had standing to press a federal constitutional case against the county attorney for chilling their First Amendment free speech rights in airing. The first sustained scholarly arguments for legal toleration if not state recognition of polygamy have been pressed—with various liberals and libertarians, muslims and Christians, philosophers and social scientists, multiculturalists and counterculturalists finding themselves on the same side. See infra notes 16679 and accompanying text. The first wave of popular media portrayals of good polygamous families in America has now broken with shows like. Big love and, sister wives stoking the cultural imagination and sympathy much like.
See, john Witte,., From Sacrament to contract: Marriage, religion, and essay Law in the western Tradition (2d. The most common argument was that exclusive and enduring monogamous marriages were the best way to ensure paternal certainty and joint parental investment in children, who are born vulnerable and utterly dependent on their parents mutual care and remain so for many years. Monogamous marriages, furthermore, were the best way to ensure that men and women were treated with equal dignity and respect within the domestic sphere and that husbands and wives, and parents and children provided each other with mutual support, protection, and edification throughout their lifetimes. This latter logic now applies to same sex couples, too, who have gained increasing rights in the west in recent years, including the rights to marry, adopt, and parent in some places. The historical sources condemned polygamy on a number of grounds. The most common argument was that polygamy was unnatural, unfair, and unjust to wives and children—a violation of their fundamental rights in modern parlance. See infra, part. Polygamy, moreover, was also too often the cause, corollary, or consequence of sundry other harms, crimes, and abuses.
See the Appendix herein, infra notes 35786 and accompanying text, for an overview of resume the shifting and confusing terminology. To be a serious crime; indeed, it was a capital crime in much of the west from the ninth to the nineteenth centuries. While a few Western writers and rulers have allowed polygamy in rare individual cases of urgent write personal, political, or social need, virtually all Western writers and legal systems have denounced polygamy as an alternative form of marriage and have denounced the occasional polygamous experiments. See, john Witte,., The western Case for Monogamy over Polygamy 36 (2015). Early modern Anabaptists,. Nineteenth-century mormons, 6, see. And modern-day immigrants to the west. See infra notes 6366, 11216. The historical sources commended monogamy on various grounds.
The west may, and in my view should, politely say no to polygamy. An Appendix to the Article provides a detailed guide to different forms and terms of plural marriage discussed and prohibited in the west—real polygamy, constructive polygamy, successive polygamy, and clerical polygamy. Introduction, for more than 2,500 years, the western legal tradition has defined lawful marriage as the union of one man and one woman with the fitness, capacity, and freedom to marry each other. This was the dominant normative teaching of ancient Greeks and Romans, first millennium Jews and Christians, medieval Catholics and early modern Protestants, modern Enlightenment philosophers and liberals, common law and civil law jurists alike. While monogamous marriage is neither good for everyone nor always good, all these traditions have argued, in general and in most cases, monogamous marriage brings essential private goods to the married couple and their children, and vital public goods to society and the state. 1For detailed sources and discussion, see john Witte,., The nature of Family, the family of Nature: The surprising Liberal Defense of the Traditional Family in the Enlightenment, 64 Emory. For more than 1,850 years, in turn, the western legal tradition has declared polygamy 2I am using the term polygamy colloquially to include both polygyny (one man with two or more wives) and polyandry (one woman with two or more husbands). Classically, the term polygamy covered all manner of other forms of plural union, too, some of which had their own distinct names.
Argumentative, essay on, gay, marriage - 855 Words
Abstract, questions about polygamy are likely to dominate western family law in the next generation. Two generations ago, contraception, abortion, for and womens rights were the hot topics. This past generation, childrens rights and same-sex rights have dominated public deliberation and litigation. On the frontier of Western family law are hard questions about extending the forms of valid marriage to include polygamy and extending the forums of marital governance to include religious and cultural legal systems that countenance polygamy. This Article analyzes the 1,850 year tradition of Western laws against polygamy and the growing constitutional and cultural pressures to reform these laws today.
I show how the traditional Western cases against polygamy and same-sex unions used strikingly different arguments drawn from the bible, nature, rights, harm, and symbolism. I conclude that, because these arguments are so different, western nations can responsibly hold the line against polygamy, even if they choose to accept same-sex marriage and its accompanying norms of sexual liberty, domestic autonomy, equality, and nondiscrimination. I reject ideological arguments, pro and con, that anti polygamy laws are a form of traditional Christian morality. I reject slippery slope arguments, from the right and the left, that acceptance of same sex marriage must inevitably lead to acceptance of polygamous marriage. And I reject arguments from domestic and international sources that religious freedom norms command the accommodation, if not validation, of religious polygamy.
The debate over same-sex unions is personal for. Dean, who led Northaven's effort to publish a series of essays by methodist theologians and laity on how they fit acceptance of committed gay love into their understanding of Christianity. The book, sent to each convention delegate, resulted from a vivid dream she had last year in which she saw a crowd of people walking into a meeting, each carrying the same book. "It seemed clear to me that it was a god thing said. Dean, who ministers to one of North Texas' four "reconciling" congregations, which support full acceptance of gays and lesbian in church life. Despite heavy lobbying, partisans on both sides say there are not enough votes to change church policy, either for blessing gay marriages or further restricting gays' role in the church.
"I think the church ought to be where it is said. Thalia matherson, executive director of the south-central jurisdiction of the north Texas conference and one of 12 North Texas delegates to the national convention. Nearly half a million Methodists live in Texas. The denomination had more than 10 million. Members in 1968, when it was created in Dallas by a merger of several smaller like-minded denominations. Now - with.4 million members in the United States and.2 million elsewhere - the denomination is one of many religious groups struggling with a faith-based response to homosexuality. Similar struggles In April, the rabbis of Reform Judaism ended years of debate by approving same-sex marriage ceremonies. Later this year, the Episcopalians and Presbyterians will consider gay issues at their conventions.
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The conference, conducted every four years, will work through a long list of religious and social issues, same including how to help Methodists affected by natural disasters and wars; how to reshape the denomination's structure; and whether to spend 20 million on its first television. It is expected to elect North Texas Bishop William. Oden as the president of its council of Bishops. But the marquee topic of the two-week meeting is same-sex marriage. "This is an important issue for the church because it is an important issue in the culture said Bishop Oden, who is not in favor of changing church policy and calls other issues more important. People on both sides say the debate already has created two mini-denominations within the larger church structure. And even if legal issues make it difficult for the sides to split formally, those who feel most strongly about the issue may be destined to drift further apart. "For many Christians, this is the line in the sand - on either side said. Bill leonard, a baptist historian and the dean of the seminary at wake forest University.
Congregations, at least one in nearly every county. Methodists face renewed debate of gay marriage. But limits unlikely to be lifted. Source: Dallas Morning News, by: Jeffrey weiss, url: ml, as she headed to the United Methodist Church's General Conference, which starts tuesday in Cleveland, Alicia dean was sure she was heeding God's call. "I am a lesbian trying to do ministry in a church that does not want me here said. Dean, minister of Christian education at Northaven United Methodist Church in Dallas. She said she hopes to persuade delegates to change church policy on gay marriage, a rancorous debate that could split the nation's second-largest Protestant denomination. But others - including most of the convention's 992 delegates - say they find God's will in the denomination's current position, which bans same-sex unions and prohibits practicing gays and lesbians from serving as clergy. Since 1972, methodist rules have expressly condemned the practice of homosexuality as incompatible with Christian teaching, though church policy welcomes gays and lesbians in its congregations.
that celebrate homosexual unions a policy affirmed as church law in 1998 by the methodists' high court. Things escalated in February when a california church tribunal decided to take no action against 68 clergy members who conducted a lesbian union rite last year. Two weeks ago, conservatives filed charges against California bishop Melvin Talbert, who said local Methodists' commitment to "inclusiveness and justice" takes priority over national church law. While the 68 Californians were acquitted, dell is on suspension for holding a homosexual ceremony, and Nebraska minister Jimmy Creech was defrocked. Patricia miller, executive director of the conservative confessing movement, said the california acquittal "has effectively forced schism in the church" unless the conference acts decisively to enforce policy. Jeanne Knepper of Affirmation, a methodist group focusing on gay and bisexual concerns, said it doesn't matter what the conference enacts so long as local units have the power to decide on clergy discipline. Gay activists plan classes, rallies, worship services and civil disobedience during a may 10 visit of Archbishop of Canterbury george carey, the world leader of Anglican Christians, who favors traditional sexual morals. The conference will take up 1,900 pieces of legislation in all, including financial and organizational matters. The denomination has 36,170.
Members and.2 million overseas, holds a general Conference every four years, and each session since 1972 has taken up the issue of homosexuality. But observers think this eighth time could be the watershed. The meeting runs through may 12, and most legislative action is expected next week. "After this General Conference, someone will be leaving the denomination predicted the rev. Gregory dell of Chicago's In All Things Charity, who coordinates a coalition that the wants Methodism to accept homosexuality and thinks this conference will adopt that view. Good News magazine, on the opposite side of the issue, sent delegates a video raising the possibility of "a church split or substantial defection of members, churches and clergy.". James heidinger, president of the wilmore,.-based magazine, said many of the 992 delegates "don't see any resolution on this issue that's tearing away at the fabric of the church. A 1968 merger created the United Methodist Church. In 1972, delegates inserted this statement in the faith's book of Discipline: "We do not condone the practice of homosexuality and consider this practice incompatible with Christian teaching.".
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Note: As a matter of policy, m has no position on the particular issues currently having a polarizing effect in the United Methodist Church. We are interested, however, in tracking events effecting adherent statistics and essay religious demographics, including denominational schisms, mergers, name changes, formations, ecumenical agreements, etc. If the United Methodist Church were to implement a formal organizational split, it might no longer be the third largest largest religious body in the United States, and other religious bodies would move up in relative rank. These articles indicate that the United Methodist Church is divided into two mostly separate liberal and conservative factions. Methodists may split on gay issue. Source: Washington Post, by: Richard. New york policy-makers for America's third-largest religion, the United Methodist Church, meet tuesday in Cleveland, where they will make crucial decisions on homosexuality an issue so divisive that there is talk of schism. Over the past few years, the church has been wracked by disputes over whether and how to stop liberal members of the clergy from presiding at wedding-style ceremonies for gay couples in defiance of Methodist policy. The church, which has.4 million.