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Polyamory On Trial.
Sep. 10th, 2010 07:05 pm.....This was on 'The Wild Hunt' RSS Feed and was an interesting read...
[the Supreme Court of British Columbia in Canada is about to hear a case that will decide if the practice of polygamy should be considered a criminal act (as it currently is). There’s been an affidavit filed in support of decriminalizing multiple-marriage from a local Wiccan priest, and the family behind the case is a polyamorous triad. The defense is taking a “Muslims and Mormons” angle, arguing that the evils of polygamy outweigh the free expression of the families involved. Now, The Canadian Polyamory Advocacy Association (CPAA) is requesting that the government reveal if they think polyamory falls under their definition polygamy.
“The CPAA brought forward the motion Chief Justice Robert Bauman will consider on Sept 8. It was heard as part of a court reference to examine the constitutional validity of Section 293 of the Criminal Code of Canada. Section 293 bans polygamy. The CPAA wants to know if polyamorists will be caught under Section 293 should it be determined that the section is constitutional. CPAA lawyer John Ince told Bauman the attorneys general for Canada and BC have not delineated what their thinking is on the polyamorists. That, he said, makes it hard for him to prepare a case.”
Ince points out that polyamory isn’t the same as polygamy, as it isn’t patriarchal, isn’t intergenerationally normalized, and isn’t restricted by gender pairing or sexual orientation. The looming case has provoked some to wonder if polyamory is the “new gay”, making legal rights for poly families the next big social campaign after gay marriage. The biggest hurdle will be convincing the public that there’s a difference between the abusive compelled polygamous marriages often found in Fundamentalist Mormon off-shoots and polyamory. As I’ve been saying since 2006, our communities, which openly welcomes and celebrates so many polyamorous relationships (30% of poly families identify as Pagan according to one survey), needs to be ready for when this issue becomes the next culture-war battle.
“…this is an issue that will continue to gain steam as time goes by. Eventually polyamory will reach a “tipping point” and garner widespread national attention. Are our leaders and organizations ready for questions regarding polyamory? Eventually hostile questions will come, and they will cite this Salon.com article, and we shouldn’t be found wanting for a clear, empathetic, and inclusive answer.”
I’d say this court case is the “tipping point” I was talking about in 2007. Even if the courts rule that polygamy should remain criminal this won’t be the end of the issue. We see here the beginnings of a movement that will argue that polyamory shouldn’t fall under the same legal restrictions of polygamy, and we might even see a ruling where the criminal code is upheld but that clarifications of the definitions essentially decriminalize the practice of polyamory. Once decriminalization is achieved, legal recognition is the logical next step. You can also be sure that a victory in Canada will embolden activists in the United States and other countries. By 2012 expect “poly rights” to be in the popular vernacular if not in the court rooms.]
.....I'm not sure I agree with the argument that polyamory is going to become 'the new gay'. I think the prejudices against homosexuality are different than those against polyamory. But the bottom line for me is that it can't be denied that the social structure of the world is changing fast and it is interesting to watch the process. Of course there are plenty of people who are fearful of any change and those who want change merely for the sake of change. I guess the best one can do is be open minded and non-judgmental. A hard thing to do in a blue collar county. :-)
.....A.
[the Supreme Court of British Columbia in Canada is about to hear a case that will decide if the practice of polygamy should be considered a criminal act (as it currently is). There’s been an affidavit filed in support of decriminalizing multiple-marriage from a local Wiccan priest, and the family behind the case is a polyamorous triad. The defense is taking a “Muslims and Mormons” angle, arguing that the evils of polygamy outweigh the free expression of the families involved. Now, The Canadian Polyamory Advocacy Association (CPAA) is requesting that the government reveal if they think polyamory falls under their definition polygamy.
“The CPAA brought forward the motion Chief Justice Robert Bauman will consider on Sept 8. It was heard as part of a court reference to examine the constitutional validity of Section 293 of the Criminal Code of Canada. Section 293 bans polygamy. The CPAA wants to know if polyamorists will be caught under Section 293 should it be determined that the section is constitutional. CPAA lawyer John Ince told Bauman the attorneys general for Canada and BC have not delineated what their thinking is on the polyamorists. That, he said, makes it hard for him to prepare a case.”
Ince points out that polyamory isn’t the same as polygamy, as it isn’t patriarchal, isn’t intergenerationally normalized, and isn’t restricted by gender pairing or sexual orientation. The looming case has provoked some to wonder if polyamory is the “new gay”, making legal rights for poly families the next big social campaign after gay marriage. The biggest hurdle will be convincing the public that there’s a difference between the abusive compelled polygamous marriages often found in Fundamentalist Mormon off-shoots and polyamory. As I’ve been saying since 2006, our communities, which openly welcomes and celebrates so many polyamorous relationships (30% of poly families identify as Pagan according to one survey), needs to be ready for when this issue becomes the next culture-war battle.
“…this is an issue that will continue to gain steam as time goes by. Eventually polyamory will reach a “tipping point” and garner widespread national attention. Are our leaders and organizations ready for questions regarding polyamory? Eventually hostile questions will come, and they will cite this Salon.com article, and we shouldn’t be found wanting for a clear, empathetic, and inclusive answer.”
I’d say this court case is the “tipping point” I was talking about in 2007. Even if the courts rule that polygamy should remain criminal this won’t be the end of the issue. We see here the beginnings of a movement that will argue that polyamory shouldn’t fall under the same legal restrictions of polygamy, and we might even see a ruling where the criminal code is upheld but that clarifications of the definitions essentially decriminalize the practice of polyamory. Once decriminalization is achieved, legal recognition is the logical next step. You can also be sure that a victory in Canada will embolden activists in the United States and other countries. By 2012 expect “poly rights” to be in the popular vernacular if not in the court rooms.]
.....I'm not sure I agree with the argument that polyamory is going to become 'the new gay'. I think the prejudices against homosexuality are different than those against polyamory. But the bottom line for me is that it can't be denied that the social structure of the world is changing fast and it is interesting to watch the process. Of course there are plenty of people who are fearful of any change and those who want change merely for the sake of change. I guess the best one can do is be open minded and non-judgmental. A hard thing to do in a blue collar county. :-)
.....A.
