Christian Marriage by George Hayward Joyce

The West may, and in my view should, politely say no to polygamy. And I reject arguments from domestic and international sources that religious freedom norms command the accommodation, if not validation, of religious polygamy. 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. I reject ideological arguments, pro and con, that anti-polygamy laws are a form of traditional Christian morality. 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 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. 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. 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 past generation, children’s rights and same-sex rights have dominated public deliberation and litigation. Two generations ago, contraception, abortion, and women’s rights were the hot topics. Questions about polygamy are likely to dominate Western family law in the next generation.

Christian Marriage by George Hayward Joyce