Abstract

http://ssrn.com/abstract=915437
 


 



Child Brides, Inegalitarianism, and the Fundamentalist Polygamous Family in the United States


Eve D`Onofrio


Boston University - College of Arts and Sciences

December 2005

International Journal of Law, Policy and the Family, Vol. 19, Issue 3, pp. 373-394, 2005

Abstract:     
Despite the ongoing shift in contemporary notions of what or who constitutes a family, the idea of the polygamous family remains on the margins of what is deemed a legitimate marital and familial structure in liberal democratic societies such as the US. Nevertheless, despite the illegality of polygamy and the social stigma attacted to it, thousands of Mormon Fundamentalist polygamists live and practice in the US. This article assesses the arguments in favor of and against the legalization and, consequently, the legitimatization of polygamous marriage. It explores three grounds polygamists have employed or could employ to advocate legalization of the practice of plural marriage: freedom of religion, sexual privacy (as defined by the recent case of Lawrence v. Texas), and contractualism. However, the author concludes that the impact of the Fundamentalist polygamous lifestyle on the autonomy, integrity, and equality of adult women and children is sufficiently troubling that lifting the sanction on plural marriage may run counter to basic considerations of justice.

Accepted Paper Series


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Date posted: February 29, 2008  

Suggested Citation

D`Onofrio, Eve, Child Brides, Inegalitarianism, and the Fundamentalist Polygamous Family in the United States (December 2005). International Journal of Law, Policy and the Family, Vol. 19, Issue 3, pp. 373-394, 2005. Available at SSRN: http://ssrn.com/abstract=915437

Contact Information

Eve D`Onofrio (Contact Author)
Boston University - College of Arts and Sciences ( email )
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