Strange Bedfellows: ABC Analyst Suggests Polygamy Ban Unconstitutional

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You might think MSM support for the raid by Texas state authorities on the polygamist compound in Eldorado would be a slam dunk. After all, the religion involved is the Fundamentalist Church of Jesus Christ of Latter Day Saints. Not just Mormons: fundamentalists Mormons! Throw in patriarchy and allegations of exploitation of young women, and surely the feminist-inspired liberal media would be cheering on the bust.

But not so fast. Support this intervention, and perhaps a precedent is established for restrictions on unorthodox family arrangements of a more PC tint.

Take the comments of Jonathan Turley on today's Good Morning America. The George Washington law school professor went so far as to strongly suggest that the ban on polygamy is unconstitutional. And co-anchor Bill Weir was anything but unsympathetic to Turley's arguments.

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BILL WEIR: Talk about just polygamy, equating polygamy, with child abuse. That is really a legal thicket there, isn't it?

JONATHAN TURLEY: It is. You know, they've got to be very careful. They can't start saying we're going to raid every polygamous compound. Because that's like going into a Catholic church and demanding to talk to every altar boy because some priest committed crimes.
There's nothing in polygamy that requires a child bride or child abuse or child rape. Warren Jeffs, in his cult-like operation, were extremists, from what I can see. That doesn't mean this doesn't occur in other polygamous compounds but this country's had a very difficult time with polygamy, some of us seriously question whether it is constitutional to outlaw polygamy without having proof of abuse of children. The Supreme Court did that in the 1800s. And many of us have questioned that. Because consenting adults are usually allowed to pick their life style particularly if it's religious-based.
And many polygamists don't even have children in the household. So this is going to reignite a lot of that controversy. Because some feel that by criminalizing polygamy, you forced it to go underground. Pushed these the people to the very outsides of society and that has made this all the more difficult.
WEIR: And makes it more, easier for them to engage in illegal activities in those compounds.

TURLEY: Perhaps so.
Busting a polygamous compound is "like going into a Catholic church and demanding to talk to every altar boy"? Say what? Polygamy is a crime on the books of every state. Last time I looked, Catholicism isn't. Turley and Weir's real concern, one suspects, is less about protecting polygamous Mormons than avoiding establishing precedents that could come back to bite other, more politically correct, personal arrangements.

In the meantime, talk about your strange bedfellows . . .

—Mark Finkelstein is a NewsBusters contributing editor and host of Right Angle. Contact him at mark@gunhill.net.


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Polygamy

Polygamy is illegal and the MSM would be cool with that except the MSM has to worry about offending their muslim friends, right here in America. Got it?

D

Keep the ILLEGALS out, join NumbersUSA to send free faxes to your reps.

You had me thinking for

You had me thinking for quite a bit there Mark, I am assuming you mean the gay marriages ect?

Very well could be too...especially this coming from the two of them..along with the majority of the msm, now I am going to pay more attention watching the msm when this topic comes up for debate....talking points may be in unison soon about this.

Will be interesting on down the road.....

"Never murder your opponent when he is committing suicide." ~ W. Churchill

Agenda Driven

bigtimer has picked up on Turley's hidden agenda. If polygamy laws are "unconstitutional" then so would laws banning gay marriage. 

What would be next Mr. Turley marriages between women and dogs?  

Well, if anti-polygamy laws

Well, if anti-polygamy laws are unconstitutional, then so are all laws in regard to marriage. There go the laws against marrying one's sister or one's son, or one's pet horse, for that matter. Waht about banning marriage under a certain age? Is that unconstitutional? Here we are on the "slippery slope" predicted back when "gay marriage" first reared its head.

This is a problem with a society without a moral basis. There is no right and wrong. There is only "legal" and "illegal." And anything can be made legal by garnering enough of a majority on one side. And once something is "legal," that is the rationale for ostracizing those who disagree or speak out against it.

This is the conundrum of

This is the conundrum of liberals and their allies in the legal profession.  On one hand they are being reactionary against the established order, the cultural norm upon which the Founding Fathers wrote the Constitution.  The Constitution was written with a certain frame of reference and so if you reject the frame of reference you reject the Constitution.  The problem for liberals is if they uphold the culture which by it's values protects women and children and those who would be preyed upon by abusive evil people they must acknowledge the worthiness of the frame of reference.  The liberals reject the frame of reference.  How do you protect the victim but at the same time give people unfettered freedom to do as they please? The answer is you can't.  All freedom without restraint is abuse.  The liberal motto do as you please without interference always fails because what pleases a murderer, a thief or sadist is the logical conclusion of their belief system.  Liberals always want to dismiss such labeling since like Tupok, all negative actions can be explained as the response to victimization.  In the liberal world view there are only victims and abusers and they alone define who are the victims and abusers.  

 Lord Sidious / Darth Vader 2008  Long Live the Empire!  Come to the Dark Side, it is your Destiny.

Not "by garnering enough of a majority"

Basically I agree with your general point; however, your penultimate sentence needs to be emended to read: And anything can be made legal by a suitably inclined judge wearing a black robe.

We must not suggest that a majority, even in my miserable state of Massachusetts, approves of homosexual marriage. But conniving by the Media and Democratic politicians here has helped to foil any and all attempts to have a referendum on that matter.

Impunitas semper ad deteriora invitat.

It's a funny argument

Not that I have a clue where this will end up, but the Supreme Court has taken freedom of religion and had some contorted views on it.  If I remember correctly, there was a church that used payote in its ceremony and it's use was outlawed.  They carried it to the supreme court and they upheld the ban. To me, that's sort of like saying Catholic Children can't take communion until they're 21.  

Polygamy is another case where the only reason it's outlawed, except for common sense, is because certain religions don't recognize it. There are many days when I can't handle one wife, let along six.  Anyway, Turley may be right and, should the lawyers ever get involved with this and our "original intent" Supreme Court declares it constitutional, watch the games begin.  

Democrats: Stuck on Stupid since 2000.

Looking for loopholes

The Framers failed to spell out every detail of life that seemed self evident to them, and because of it, some judge may rule any perversion "constitutional". To adequately protect ourselves, we'll have to pile on amendments until the constitution would require a 3 volume set to publish it.

When you put the clowns in charge, don't be surprised when a circus breaks out.

Kudos to Bill O'Reilly (not

Kudos to Bill O'Reilly (not my fave pundit 50% of the time)...

He has long argued that finding a "constitutional" right to same sex marriage would lead inevitably to a "constitutional" right to polygamy, and and any number of "marriage" arrangements an individual can dream up.

Two men and a woman, for instance -- and the pet goat.

Let's be clear here though... this has nothing to do with MORMONS. They do NOT practise polygamy, and are a relatively small church.

This is all about a long game which is, of course, about MUSLIMS... who DO practise polygamy. And who want to change America in their image.

Vote 4 change. Vote 4 anything. See Jack & Mr Shy's first campaign ad for the ONLY viable 3rd party candidate.

You got that right Jack

This is all about a long game which is, of course, about MUSLIMS... who DO practise polygamy. And who want to change America in their image.

That's it Jack, can't offend the enemy within who is already practicing polygamy right here in America. Where are the arrests of these people? Won't happen because it is politically incorrect, you can only arrest Christian polygamists. Here comes Sharia law.

D

Keep the ILLEGALS out, join NumbersUSA to send free faxes to your reps.

And of course the Muslims

And of course the Muslims will use the freedom of religion concept to push that agenda. That's why I've always said Sharia law...not by conquest, but by capitulation.

There was no freedom of religion for Catholic Church-run hospitals that wouldn't perform abortions...they were told they were "discriminating against a woman's right" ..ditto Catholic Charities forced to stop placing children for adoption because they wouldn't place with same-sex couples. It will be interesting to see how much freedom of religion Muslims are allowed. They have indeed opened a can of worms with this polygamy issue.

Common Sense - what used to be.

 I remember common sense. Of course, one needs a common source in order have some common sense. Yep, so my point is even discounting any religious aspect of this, the reporters don't seem to acknowledge common sense at all. It always comes down to this ridiculous "unconstitutional" opinion/proclamation.

To follow this reporters logic...um did I say logic? Well whatever broad brush he is using. Come to think of it, I'm losing logic as I'm posting this!

He has long argued that

He has long argued that finding a "constitutional" right to same sex
marriage would lead inevitably to a "constitutional" right to polygamy,
and and any number of "marriage" arrangements an individual can dream
up.
-Jack Bauer

Agreed, Jack. I said similar above (only I used a horse, not a goat. LOL)

But of course, the "slippery slope" argument is always pooh-pooh-ed as hysterical and ridiculous. I'm not even sure the people arguing for this have Muslims in mind...I think it might just be more of the "whatever is not expressly forbidden is allowed" attitude.

Jesus wept (Matthew 23:37)

That we are on the slippery

That we are on the slippery slope already is clearly evident in the fact that gay marriage is even contemplated and allowed in some states. There is nothing in the Constitution about marriage. In fact, like driving a vehicle, marriage is a licensed and permitted activity that one has to qualify for before being permitted.  

I find it

...........quite ironic. It's perfectly legal for a man to father six kids with six different women, never help raise the children, not spend a dime in supporting them, meaning the tax payers and society end up paying the price for idiots that do not no the meaning of birth control.

Right

 

And somone can have many women living in his home, each performing wifely duties and as long as he is married to no more than one of them, that is perfectly legal as well. It seems society judges not the behavior but the adhereing to custom. Very strange.

Also the Islamic world practices polgomy with a five wife limit. That should make for some nice confrontations down the road.

 

 

 

 

"What would be next Mr.

"What would be next Mr. Turley marriages between women and dogs? "

Probably not, because dogs(animals) are incapable of entering into a contract, nor can they give consent.

Still, who knows? Murder is illegal, yet in some states it is perfectly legal to murder a fully developed, unborn child, so I guess anything is possible.


→ ckc

And in some countries "honor killings" are legal.

The Supreme Court has already demonstrated it is not averse to citing foreign laws, and Islam could easily argue the Constitution is inspired by allah in saying "all men are created equal"

Legalized abortion was once as ludicrous a thought as this scenario I've put forth.

♣ a seal

When Liberal Beliefs Collide

Two major liberal beliefs have collided.

  1. Women-are-victims theology {and}
  2. We do not have the right to criticise other cultures

Sit back and watch the sparks fly! ;-)

 

Pledge to not support RINOs ever again!

Turley, an ad hominem attack

When this elitist professor chooses to educate America on issues of law I cannot help thinking he believes we are just a bunch of ignorant idiots. His unsmiling attitude reminds me of some other liberals that disdain a real argument on issues solely because to question their beliefs is to show your ignorance, and they just don't have the time to explain the obvious truth. Or they are loath to bring up a truth we are not yet ready to hear, for instance, Turley's statements on polygamy, a 120 years late, have nothing to do with polygamy. I realize he only has limited time to get his message out and his personality is his alone. On the other hand, it always seems to me when he finishes telling listeners the truth, I sense there is another truth he believes is so wrong, so dumb, that he disdains not only the argument, but the people who might advance it.

It is all up to Justice Kennedy, Isn't it?

After all, if a man and multiple women want to define themselves by their sexual proclivities, what business does the government havein stopping them? That is, after all, the logic that gave us Lawrence v. Texas.

 

Blogging at rhymeswithright.mu.nu

IMO, what's being

IMO, what's being overlooked is the concept of culture. America has a national culture. Our culture finds it unacceptable for men to have many wives and "marry" females who are below the age of consent. And our laws in this regard reflect the culture of the American people. We recognize that allowing for a man to have multiple wives and to "marry" below the age of consent is not in the best interest of a civil society. To choose to live in America while feeling it a right to disobey the law in the name of religion is unacceptable. If one wishes to establish a "religious" sect whose teaching is in opposition to the law, then one should find somewhere to live where such laws are not in existence. It's not the pervue of the government to accomodate religious practices that violate our laws. Should a Satanic cult be allowed to allow human sacrifice as a legitimate tenet of their "faith"?

The slippery slope will allow for anyone to establish any practice - legal or illegal, moral or immoral, humane or inhumane - under the guise of religion.

 

I am the exotic Queen Mum, and I approved this message.

That is both the strength

That is both the strength and weakness of majority rule by consent of the governed.  "We the people" determine the culture and the culture determines the laws governing unacceptable behavior.  There are no laws governing acceptable behavior as none are needed because culture has condoned or promoted it.

The weakness of course (from a Judeao-Christian POV) is in a country like Afghanistan or Iraq or some other country with a culture that is different from ours. In the Middle East and Asia, "we the people" of that country, the culture permits plural marriage and defines adulthood at age 12 (female) and 13 (male).

In the end, culture is what determines if a behavior is acceptable or not, and the Laws follow suit.  Our problem in the US is a clique of liberals is attempting to "change" the culture for their own reasons by using the Courts to force that "change" under the guise of enlightened thinking.  For most of us we see such thinking as being not about "Liberty", but as being about a "Libertine."  Liberals it seems are always trying to divorce values from the Law and in so doing make the Law amoral which leads to immoral conduct, and immoral conduct always preys upon the weak and ignorant. The point is, we the people and not an unelected clique should be making the decision on cultural values and the Law.

 Lord Sidious / Darth Vader 2008  Long Live the Empire!  Come to the Dark Side, it is your Destiny.

IMO

Cultural mores are constantly shifting. If we try to make them static, we will fail. For example, when the anti-polygamy issue was used to enflame sentiment against the Mormons in the 1850's, followed by passing of legislation, about 3% of the Mormon population was practicing polygamy, while about 11% of the remaining US population was practicing it. Culturally, Mormons could have been considered behind the times. But they were a long way off, practiced other strange ideas that people did not really understand, and were an easy target for criticism.

I hate to even start on ages when one is considered marriageable. But... When my wife and I were married about 40 years ago, I was 21 and she was 19. That was considered a proper age in our sub-culture for the time. At that time, our state also permitted common law marriage between a man and woman. You had to have lived together for at least 5 years, identifying each other as husband and wife during that period. The man had to have been at least 14 when he entered into the 5 year period and the woman had to be at least 12. Now, the states' legal age of consent varies between 14 (one state) and 18 years of age. Some use 16 for females and 18 for males.

Currently, as a result of all us well-meaning boomers who have protected our children and failed to let them become competent adults, or of Christians who want to second-guess God's resons for giving us puberty at the age it occurs, we consider anybody under maybe 25 to be too young to marry or even think about sex.

The concept of age of consent is something that has been constantly shifting, mostly going up for the past several decades. But, it has been a cultural more dependent on our perception of protecting our children too long and keeping them children too long. It well may change again, depending on what happens in our uncertain future. We don't need a constitutional amendment to define who can marry whom, when, how many times, or even how.

I believe the Founding Fathers wisely left marriage out of the Constitution, because they recognized that societies change, and the Constitution was to put a limit on Federal powers, rather than reach into peoples houses and bedrooms.

marv.... You said a

marv....

You said a lot...gives some something to chew on....

"Never murder your opponent when he is committing suicide." ~ W. Churchill

marv: You make some good

marv: You make some good points. However, I must disagree with you on a couple of them.

First of all, the difference between the age of 21 and the age of 19 is not comparable to a 50 year old man "marrying" a girl of 14.

Your state's allowing a common law marriage between people as young as 14 and 12 is pretty odd. I suspect it's one of those statutes that had been on the books for so long that people had forgotten about it.

I strongly disagree that the people of my generation consider 25 to be too young to marry. And anyone who would kid themselves about the sexual activity of someone of this age is more than naive. You have made a generalization in this regard that I find particularly offensive.

In today's culture, a marriage between two young people still in their early teens isn't the same as it was when people lived in rural communities where young people stayed with their families, even after marriage. It would be impossible for two young teens to maintain an independent household today. It has nothing to do with baby boomers coddling our children and delaying their independence. It has to do with simple economics and the fact that our society gives young people many more opportunities for both education and employment.  In fact, I'd say in general our children are more independent than we were.

So, yes society's expectations do change. But I don't see that the trend toward marrying later is somehow undesireable based solely on the age of puberty.

I do respect your point of view. If I've misunderstood some of your points, I'd appreciate some clarification for the sake of seeking common ground.

I do agree that the Federal government doesn't need to establish the parameters for marriage. However, I do think that the States should have this right.

I am the exotic Queen Mum, and I approved this message.

The real issue

The Left wants to present children as perfectly capable of capable of consenting to sex, for three reasons:

1. NAMBLA types want to be able to have sex with children without getting jailed for it.

2. Planned Parenthood and its allies want to continue to sell birth control and abortions and STD screening and treatment to underage kids without having to report the obvious possibility of sexual abuse.

3. The pornographers want the market.

So you have these three bedfellows, all of whom object to the very idea that there is such a thing as child sexual abuse. And the biggest loser if this goes to court is Planned Parenthood.

If what these outcast Mormons were doing -- adults having sex with underage girls under dubious circumstances -- was criminal, then so is most of what generates business for Planned Parenthood. 

Granny...you made some

Granny...you made some great points here.

"Never murder your opponent when he is committing suicide." ~ W. Churchill

Wake Up About Marriage

Terminology.  In America there is the concept of private marriage and public marriage.  In this country, consenting adults are allowed to enter into private marriages in just about any way they want, regardless of gender or quantity of adults.  It is not uncommon for homosexuals to have private marriages.  Heterosexual adults who choose to live together in essence are entering into a private marriage. Private marriages are not necessarily recognized by the state.  Public marriages, however, are recognized by the state and are subject to restrictions and regulations as imposed by the state.  For the most part, the debate over gay marriage is hether it should be recognized by the state as a public marriage.  With that said, should government get into the business of regulating public unions?  Absolutely.  Should government get into the business of criminalizing the private unions of adults?  I don't think so.

The problem that these FLDS groups have is they have been forcing underage girls to have sex with older men which is clearly breaking the law (rape or statutory rape).  This is when authorities step in and bust up the organization which is creating essentially organized crime.

Wake up about marriage

While I agree with you about the concept of public marriage (civil union?) versus private marriage, I would take exception to the broad statement that FLDS groups are forcing underage girls to have sex. It is true that some have come forward with that allegation, but that does not equate to an 'all' type of statement. I would be surprised if some of the women did not believe that what they were doing was the right and proper way to do things and that they were not being forced into anything. (We've already discussed age of consent stuff elsewhere in the thread.)

It's like saying that anyone who is baptized by immersion or sprinkling or who makes an earnest declaration of faith as part of their church's belief system has been forced to do so. Some may be, but not all.

Nonetheless, our society feels it appropriate to split up these (private) marriages and take their children away from them, because their beliefs are different from ours.

I'm also torn and uncomfortable about this case...

L. Neil says it pretty well. This seems to be quite a severe reaction by the state for one still-anonymous allegation of abuse, even if these people do seem "nutty." I hope they have more evidence of bad stuff I don't know about, I guess, because so far, from here, the state's case looks pretty weak. I'm just not comfortable with this case in the wake of Waco. The alleged abuser from the anonymous phone call was questioned but not arrested, and he apparently hasn't been in Texas for years...
JMR

The tax & spend drug war looks racist in the real world.

IMO - Queen Mum

Queen Mum (the exotic)

A couple of probably long-winded points.

One of my daughters married a man 10 years her senior. She was 30, he was 40. Not a big deal. If she had been 16 and he 26 when they got married, eyebrows would have been raised pretty high. When Anna Nicole married, it was a big deal, because she was perceived as a gold-digger. While your differential was larger (36 years), the concept is much the same. The younger one partner is at the time becomes the perceived basis for whether it is acceptable or appropriate.

I apologize for the generalizations in my previous post. I admit they result from anecdotal evidence. E.g.:

- Conversations with my children and their friends, extending all the way back into their High School years, indicated they thought 25 or even 30 was the earliest you should consider getting married. I coupled that with my assumption that this opinion was something picked up from society – both from adults (parents, teachers, media, etc.) and peers.

- A couple in southern Utah took their daughter to her wedding, but sidetracked across state lines to kidnap her from her wedding (words the police/press used) because they felt she was too young to marry. She was 25 years old.

- A couple in Nebraska got married, with parental permission, when the groom was 19 and his bride was 17. Just before her 18th birthday, he took a risqué/nude picture of his wife and a (presumably older) clerk at the photo processing place reported him for child pornography. He’s in prison and will be a registered sex offender. I don’t think either of them participated in making any of the laws or felt they were doing anything wrong.

- An adopted son and natural daughter started having (supposedly consensual) sex when she was 14 and he 16. She became pregnant at 15. He will be a registered sex offender for the rest of his life. Again, I don’t think either of them participated in making any of the laws or felt they were doing anything wrong.

Another anecdote - my family and I have lived all across the nation over the years. While we lived in one northeastern, teenagers were not permitted to have jobs where they would have to use sharp implements, or be exposed to cooking, or work on farm unless it belonged to their immediate family, or after a certain time of evening, or for more than a (very few) hours per week, or… As a result, many kids could not get the opportunity to experience work in different environments. The jobs teenagers typically did when I was growing up had been legislated out of existence. This state was a little over the top, but not atypical. Those laws came from someplace, and I believe it was from well-intentioned, but ill-informed adults.

Based on this anecdotal evidence, I would still maintain that we, as the overall class of baby boomers, have changed the expectations of what it means to be a child, have kept our children in that stage longer, have protected them more and have not provided the opportunities for them to develop into competent adults and have done so more than previous generations.

Are children and young adults today more independent? Maybe. The current generation certainly has more spending power, more diversions and more contact and influences among their peer group, but I’m not convinced that type of independence is necessarily a good thing.

I mostly agree with your comment about the age of consent and onset of puberty. However, our societal perceptions about ‘true’ age of consent, proper credentials for marriage and even capability for making sexual decisions seem to be based more on competence. There isn’t a good test for that, so we use a one-size-fits-all legal age of consent approach based not on biology, but on perceptions.

Thanks for the discourse and response. It’s been fun and instructive. And I apologize to all for wandering so far off topic.

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