Prior to the American Civil War, the vast majority of Ohioans earned their living by farming. Men worked in the fields, while women cared for the home. During planting and harvesting seasons, women routinely assisted their husbands in the fields, greatly contributing to the family's success. Some women also provided sewing, knitting, and other services to supplement their families' income.
Woodruff Professor of Law; Alonzo L.
This Article is drawn in large part from John Witte, Jr. And I express my deep thanks to several fine scholars who helped me with various parts of this text, and the broader project from which it is drawn: Broyde, Rafael Domingo, Mark A.
Goldfeder, Judith Evans Grubbs, R. Reynolds, and Mathias Schmoeckel. Abstract Questions about polygamy are likely to dominate Western family law in the next generation.
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, 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 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, 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.
See the Appendix herein, infra notes —86 and accompanying text, for an overview of the shifting and confusing terminology.
While a few Western writers and rulers have allowed polygamy in rare individual cases of urgent 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 of early Jewish aristocrats, 3See John Witte, Jr.
The historical sources commended monogamy on various grounds. Marriage, Religion, and Law in the Western Tradition 2d ed. 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. Polygamy, moreover, was also too often the cause, corollary, or consequence of sundry other harms, crimes, and abuses.
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. For nearly two millennia, the West has 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.Imagine the following scenario: Two brothers are both suspects in a case, and one is the true donor of a hair found at the crime scene.
Both of the brothers will have the same mtDNA sequence, and therefore, mtDNA analysis would not be able to exclude a questioned hair as having come from either brother.
Summary It’s like walking through a hailstorm —Polly R. (pseudonym), parent of gender non-conforming son, describing the hostile environment that LGBT children face in schools, Utah.
New content is added regularly to the website, including online exhibitions, videos, lesson plans, and issues of the online journal History Now, which features essays by leading scholars on major topics in American history.
The problem of Negro leadership during the twenty years between and will be covered in this unit of Afro-American History. The issues raised by the celebrated debate between Booker T. Washington and W. E.
B. DuBois will be its central theme. Comprehensive and meticulously documented facts about racial issues. Learn about discrimination, affirmative action, education, crime, politics, and more.
During the hiring process, make sure you are prepared with all the applicants' resumes should allegations of discrimination arise, to prove that you hire the most qualified individuals, regardless of gender, ethnicity or age.