Poly-Parenting and the Legal Frontier of Plural Marriage: A Comprehensive Study Guide

Evolutionary Psychology and Spousal Selection Preferences

  • Joe Henrich, a professor of evolutionary psychology at the University of British Columbia, conducts a thought experiment with his college students regarding spousal selection.

  • The scenario asks students to choose between two potential spouses: Lover A (a regular middle-class individual) or Lover B (a billionaire with ample time and money who is already married and seeks a second legal spouse).

  • Results of the experiment indicate that 70%70\% of women surveyed would consider being the second wife of a billionaire rather than the first wife of an average man.

  • In contrast, only approximately 10%10\% of men would consider a similar reversed scenario.

  • This data suggests a potential shift in how young, educated Westerners contemplate non-traditional marital structures, despite decades of efforts to promote women's solo power and traditional monogamous "boy meets girl" narratives.

The Intersection of Polygamy and the Same-Sex Marriage Debate

  • Proponents of traditional marriage (one man and one woman) have argued that shifts in defining marriage, such as recognizing gay marriage, could lead to a redefine of the institution into unrecognizable forms.

  • Former presidential candidate Rick Santorum famously questioned on the campaign trail: "If you think it's O.K. for two [men to marry], then you have to differentiate with me as to why it's not O.K. for three."

  • Despite a lack of historical precedent linking gay marriage directly to polygamy, polygamists feel emboldened by growing public support for same-sex unions.

  • Joe Darger argues that society cannot advocate for gay marriage while continuing to criminalize plural families for who they love and how they organize their households.

Profile: The Darger Family of Herriman, Utah

  • Joe Darger is a 43-year-old43\text{-year-old} building contractor residing in Herriman, Utah, which is located approximately 25 miles25\text{ miles} from Salt Lake City.

  • He lives with his three wives: Alina, Vicki, and Valerie (Val).

  • Household composition includes 1818 of Joe's 2323 children residing in the home.

  • Spousal Backgrounds:   - Vicki and Valerie are identical twins.   - Joe marriage history: He proposed to and married Alina and Vicki simultaneously at the request of the women.   - Valerie joined the family later after fleeing a previous polygamous marriage that was involved in a financial scandal.

  • Domestic Operations:   - The family occupies a home with three master bedrooms, each reflecting the style of one wife.   - The wives share domestic responsibilities: two work outside the home running a high-end cleaning firm, while Vicki typically manages the toddlers.   - Household chores are shared; each wife cooks two days a week, and Val prepares bread from home-ground flour.   - The family utilizes a 15-seat15\text{-seat} van referred to as the "polyg rig."   - Tensions exist, such as children complaining about eating "polygamy cheese," which is deeply discounted and sometimes moldy.

  • Scheduling and Intimacy:   - Joe Darger detailed his schedule in the book Love Times Three.   - He spends every 3rd3\text{rd} night with a different wife.   - He emphasizes that their time together involves significant amounts of listening, stating, "It can't all be about the sex."

Legal Battles and the Activism of Kody Brown

  • Kody Brown, the patriarch of the TLC reality show Sister Wives, is a main figure in the modern push for polygamy validation.

  • Brown launched a lawsuit challenging the constitutionality of the bigamy statute in Utah.

  • His legal representative is a professor at George Washington University Law School.

  • On May 31\text{May } 31, Utah County announced it would not prosecute the Brown family or other polygamists as long as they were consenting adults.

  • Brown continues to seek the full overturning of the law on the grounds of freedom of religion, with a hearing scheduled for July 25\text{July } 25.

  • Media impact: Studies of the 2000s2000s suggest that television representations of gay characters decreased negative feelings among viewers; Brown hopes Sister Wives and his memoir (which reached No. 88 on the New York Times best-seller list) will have a similar effect for multipartner unions.

Cultural Prevalence and Statistics on Plural Marriage

  • Demographics:   - The Columbia Law Review estimated in 20102010 that between 30,00030,000 and 100,000100,000 families in the U.S. practice plural marriage, driven by both fundamentalist Mormons and Muslim immigrants.   - Deborah Anapol, author of Polyamory in the 21st Century, estimates polyamorists comprise 0.5%0.5\% to 3.5%3.5\% of the population.

  • Media Representation:   - Shows like Polyamory: Married and Dating and The Girls Next Door.   - Movies such as Oliver Stone's Savages and Woody Allen's Vicky Cristina Barcelona.   - Celebrity examples include the rapper Akon, who previously claimed to have three wives.

  • Professional Recognition:   - The American Psychiatric Association included a forum on polyamory at its annual meeting in May.

Definitions and Philosophical Concepts

  • Polyamory: Roughly defined as having multiple lovers by mutual agreement.

  • Compersion: A term used by polyamorists (possibly originating from a San Francisco commune in the 1980s1980s) to describe the feeling of joy derived from a lover's happiness with another person.

  • Living the Principle: A fundamentalist Mormon term for polygamy, reflecting a belief that the practice mirrors the selfless interconnectedness of heaven.

  • Bleeding the Beast: A form of civil disobedience where nonlegal wives claim welfare benefits as single mothers to financially strain the government.

Perspectives in Comparative Religion

  • Judaism:   - Scripturally: Practiced in the oldest Torah stories, though some passages warn of dangers. Some texts view monogamy as divine harmony.   - In Practice: Banned among Western Jews circa AD 10001000. Legally banned in Israel.

  • Christianity:   - Scripturally: St. Paul endorses marriage between one man and one woman in Corinthians; Jesus cites Adam and Eve as the model for monogamous sacredness.   - In Practice: Not tolerated since ancient times, aligning with Roman law; however, serial monogamy is widely tolerated.

  • Islam:   - Scripturally: The Koran (circa 650650) allows men to have up to four wives, provided all are treated equally (Muhammad had more).   - In Practice: Still permitted and practiced under Islamic law, primarily among the wealthy in parts of Africa and the Middle East.

Social, Ethical, and Developmental Critiques

  • Subjugation and Abuse: Mary Mackert, a former polygamist who became the 6th6\text{th} wife of a 50-year-old50\text{-year-old} man at age 1717, describes polygamy as a source of neglect and infighting. She walked out after 16 years16\text{ years} and notes that many women use "denial" as a defense mechanism.

  • Impact on Men and Society: Joe Henrich, serving as an expert witness in a British Columbia case, argued that monogamous norms lead to greater economic success, increased trade, and lower crime. Polygamy can leave younger and poorer men without partners, creating a destabilizing social influence.

  • Child Welfare:   - Studies of 19th19\text{th} century families showed that children of less well-off monogamous families were more likely to live past age 1515 than children of wealthy polygamous families.   - This is attributed to monogamy shifting fatherly attention from acquiring wives to investing in existing children.   - Joe Darger admits it is a struggle to be an involved father to 2323 children, relying on mothers to be the "eyes and ears" for school meetings.

Legal Precedents and Law Enforcement

  • Texas vs. Utah: Mary Mackert praises Texas for convicting Wendell Loy Nielsen (an associate of FLDS leader Warren Jeffs) on bigamy charges, resulting in a 10-year10\text{-year} sentence. Jeffs himself is serving life for sexual assault of children.

  • Canadian Ruling: In British Columbia, Judge Robert Bauman ruled that while polygamy bans infringe on religious rights, the infringement is justifiable because the practice is "inherently harmful."

  • Current Policy: Utah Attorney General Mark Shurtleff has stated he will not prosecute polygamy unless other crimes (like abuse or fraud) are involved. The Department of Justice has filed a federal lawsuit against two FLDS towns for religious discrimination under the Fair Housing Act.