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B.C. seeks ruling on polygamy vs. charter

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B.C. seeks ruling on polygamy vs. charter


Law & Order | 206644 hits | Oct 22 10:19 pm | Posted by: Hyack
92 Comment

The B.C. government is asking the province's Supreme Court to decide whether Canada's anti-polygamy law violates the Charter of Rights, Attorney General Michael de Jong announced Thursday.

Comments

  1. by avatar leewgrant
    Fri Oct 23, 2009 1:46 pm
    The B.C. government is asking the province's Supreme Court to decide whether Canada's anti-polygamy law violates the Charter of Rights,


    And if it does violate the charter, boy do we have a can of worms. And not BC's problem. It'll be up to Harper et al to sort out.

  2. by avatar Scape
    Fri Oct 23, 2009 1:56 pm
    This is an example why church and state should not no co-exist. Religion as an excuse for pedophilia is still pedophilia.

  3. by DerbyX
    Fri Oct 23, 2009 4:09 pm
    "Scape" said
    This is an example why church and state should not no co-exist. Religion as an excuse for pedophilia is still pedophilia.


    What about polygamy between of age consenting adults?

  4. by avatar raydan
    Fri Oct 23, 2009 4:18 pm
    That would be my point too, Derby.
    Polygamy between consenting adults should not even be a crime.

    Can they arrest you if 3 or more people can live together as a "married" group, but without actually being married?

  5. by DerbyX
    Fri Oct 23, 2009 4:21 pm
    Well we have common law marriage which gives legal rights to unmarried couples who live together in a conjugal relationship.

    Agreed it shouldn't be a crime but civil laws governing such things as legal rights over children, power of attorney, etc is what I'm wondering about.

  6. by avatar BartSimpson  Gold Member
    Fri Oct 23, 2009 4:40 pm
    "Scape" said
    This is an example why church and state should not no co-exist. Religion as an excuse for pedophilia is still pedophilia.


    Pedophillia is not the question before the court. Polygamy is.

    It's the prevailing Christian value of monogamy that restricts marriage to one man and one woman. With gay marriage accepted and legalized in Canada as a Charter freedom there is no justification to restrict polygamous marriages.

    Hate to point this out to you, but for there to be consistency in 'separation of church and state' then polygamy must be legalized as a secular state should not be restricting marriage because of a Christian value that calls for monogamy.

  7. by avatar Akhenaten
    Fri Oct 23, 2009 4:47 pm
    With gay marriage accepted and legalized in Canada as a Charter freedom there is no justification to restrict polygamous marriages.

    Not for nothin' but it's funny that the reverse arguement was ignored and scoffed at when it was relevant.

  8. by DerbyX
    Fri Oct 23, 2009 4:52 pm
    "BartSimpson" said
    This is an example why church and state should not no co-exist. Religion as an excuse for pedophilia is still pedophilia.


    Pedophillia is not the question before the court. Polygamy is.

    It's the prevailing Christian value of monogamy that restricts marriage to one man and one woman. With gay marriage accepted and legalized in Canada as a Charter freedom there is no justification to restrict polygamous marriages.

    Hate to point this out to you, but for there to be consistency in 'separation of church and state' then polygamy must be legalized as a secular state should not be restricting marriage because of a Christian value that calls for monogamy.

    Let me know where to send flowers if you bring home intended wife #2 to meet Mrs Bart. :lol:

  9. by avatar martin14
    Fri Oct 23, 2009 5:05 pm
    "BartSimpson" said


    Hate to point this out to you, but for there to be consistency in 'separation of church and state' then polygamy must be legalized as a secular state should not be restricting marriage because of a Christian value that calls for monogamy.


    yup..

    live by the sword, die by the sword.

  10. by avatar BeaverFever
    Fri Oct 23, 2009 5:10 pm
    I dont have a problem with the principle of multiple spouses and consenting adults, Id be interested, however to see how they will address some of the practical problems, such as filing taxes and providing govt benefits, as well as divorce and custody issues. Also, there is a social issue surrounding the opression of women who might allow themselves to be voluntarily 'kept' by some guy who controls all his wives like hes running a harem or something.

    I think a middle-of-the road solution would be to decriminalize it, but not to recognize it. This would prevent people from abusing it for tax or immigration purposes.

  11. by avatar Scape
    Fri Oct 23, 2009 5:15 pm
    "BartSimpson" said


    Hate to point this out to you, but for there to be consistency in 'separation of church and state' then polygamy must be legalized as a secular state should not be restricting marriage because of a Christian value that calls for monogamy.


    Oppal tried a brute force attack and failed. Not only that he has made it much harder for this issue to resolve. As long as polygamy has sex with 14 year olds as a mainstay then it should be expunged from the land as per the charter. If they want to start up a whole new sect with it only having sex with consenting adults they will be as authentic as any other religious cult in the eyes of the law but I will not hold my breath. Frankly, polygamy lends itself to sex with minors and should be banned outright on those grounds alone.

  12. by avatar martin14
    Fri Oct 23, 2009 5:19 pm
    "Scape" said
    Frankly, polygamy lends itself to sex with minors and should be banned outright on those grounds alone.



    Pre-crime ?

    Thought we lived in a fairly free society, Scape.

  13. by avatar PublicAnimalNo9
    Fri Oct 23, 2009 5:19 pm
    Comparing polygamy with gay marriage is bullshit. The vast majority of gay people are BORN that way. Polygamists have made it a chosen life-style. Denying gay people the right to "marry" is a denial of basic human rights. Denying polygamy is not.

    I do like BF's suggestion though, don't make it illegal anymore, but don't legitimize it either.

  14. by avatar BeaverFever
    Fri Oct 23, 2009 5:25 pm
    "Scape" said
    Frankly, polygamy lends itself to sex with minors and should be banned outright on those grounds alone.


    That might only be because the groups that practise polygamy also practice arranged marriages and do most of their business behind closed doors. If polygamy were a legal practise, there would be more daylight shone on those who practise it, for example having to get a marriage license, etc would bring the attention of authorities to the marrying parties and prevent the marriage of minors. Right now, this all happens underground in closed communities like the mormon colonies in BC and the US southwest.

    There doesnt seem to be anything inherrent about allowing more than 1 spouse in and of itself that would require or encourage the inclusion of minors.



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