Why Not Polygamy?

2 Pages Posted: 12 Mar 2026

See all articles by John Witte

John Witte

Emory University School of Law

Date Written: November 09, 2012

Abstract

The advent of sexual liberty, calls for religious freedom, and rights to privacy have made the case for legalizing polygamy especially complicated. No longer are arguments against polygamy limited to those that speak to the injustice suffered by young women and children; men, too, suffer from polygamous relationships. Western legal tradition finds the foundational grounds to prohibit polygamy as behavior that is 'malum in se,' or inherently evil in itself. While some religious communities positively embrace polygamy, there will always be regimes of repression. Polygamy would unduly set family law on a slippery slope to female subordination, strained family resources and limited legal protections to children who enter polygamous marriages. 

Keywords: Polygamy, Marriage, Family, Sex, Sexual Liberty, Religious Liberty

Suggested Citation

Witte, John, Why Not Polygamy? (November 09, 2012). Available at SSRN: https://ssrn.com/abstract=6270299 or http://dx.doi.org/10.2139/ssrn.6270299

John Witte (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-727-6980 (Phone)
404-712-8605 (Fax)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
3
Abstract Views
30
PlumX Metrics