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Just MarriedSame-Sex Couples, Monogamy, and the Future of Marriage$
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Stephen Macedo

Print publication date: 2015

Print ISBN-13: 9780691166483

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691166483.001.0001

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Polygamy, Monogamy, and Marriage Justice

Polygamy, Monogamy, and Marriage Justice

Chapter:
(p.161) Chapter 8 Polygamy, Monogamy, and Marriage Justice
Source:
Just Married
Author(s):

Stephen Macedo

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691166483.003.0009

This chapter examines a variety of principled factors that help to distinguish plural marriage from same-sex marriage as a matter of both justice and constitutional principle. It also reviews the substantial body of evidence that led the Supreme Court of British Columbia, in a 2012 landmark case, to uphold Canada's criminal prohibition on polygamy. It argues that this evidentiary record, while certainly not beyond challenge, stands in contrast to the abstract and moralistic arguments advanced against the rights of gay and lesbian citizens. It asserts that polygamy as a widespread practice, or normative system, appears to be incongruent with efforts to secure the preconditions of equal liberty and fair opportunity for all. The chapter concludes by speculating on what the consequences of decriminalization will be for polygamy.

Keywords:   plural marriage, same-sex marriage, justice, Supreme Court of British Columbia, polygamy, equal liberty, fair opportunity, decriminalization

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