Debate #21—States should legalize Polygamy
Polygamy is currently illegal in all 50 states. On December 13, 2013, a federal judge struck down the parts of Utah’s bigamy law that criminalized cohabilitation, while also acknowledging that the state may still enforce bans on having multiple marriage licenses.
In the US, the Libertarian Party supports complete decriminalization of polygamy as part of a general belief that the government should not regulate marriages.
Individualist feminism and advocates such as Wendy McElroy also support the freedom for adults to voluntarily enter polygamous marriages.
The American Civil Liberties Union of Utah is opposed to Utah’s law against cohabitation.
Stanley Kurtz, a fellow at the Hudson Institute, lamented the modern arguments increasingly being made by various intellectuals who call for de-criminalizing polygamy. Kurtz concluded, “Marriage, as its ultramodern critics would like to say, is indeed about choosing one’s partner, and about freedom in a society that values freedom. But that’s not the only thing it is about. As the Supreme Court justices who unanimously decided Reynolds in 1878 understood, marriage is also about sustaining the conditions in which freedom can thrive. Polygamy in all its forms is a recipe for social structures that inhibit and ultimately undermine social freedom and democracy. A hard-won lesson of Western history is that genuine democratic self-rule begins at the hearth of the monogamous family.”