The Dallas Morning News regularly runs a column called Crime Stoppers. In the column, a list of people currently wanted by the Dallas police department is published a long with a photo of the person and the charge they are wanted on. The crimes typically cover a wide range of offenses, from public intoxication and burglary to armed robbery and murder. (I have not yet discerned how or why particular people are chosen for an appearance in the column.) In this morning's paper, there was a listing I have not seen before. Sean Block, age 30, is wanted for bigamy.
It is surprising that in this enlightened age of homosexual marriage that there are still laws against bigamy. Certainly the idea of traditional marriage as one between one man and one woman is not a barrier. If two men decide they want to get married, many demand that the state accede to their request. Many courts have upheld the legitimacy of gay marriage and conferred upon it the same rights and privileges accorded to traditional marriage. Any infringement of that right usually must be able to withstand a high level of scrutiny.
Laws against miscegenation, adultery and fornication have long gone by the board. So why are laws against bigamy, to say nothing of polygamy, allowed to stand? Is it because bigamy undermines the idea of marriage as a union between one man and one woman? That cannot be it. That barrier has been breached. Could it be because polygamy is contrary to what is written in the Bible? That is a laughable proposition. Since when have the courts cared what is in the Bible? Could it be because polygamy is seen to undermine the morals or threaten the health of the community? Certainly that is not the case. Morality we are told is simply a subjective set of beliefs that do not bind anyone but the person who feels them and there is no evidence that bigamy is any more of a threat to public health than monogamy. Moreover, as is often chanted by the left, you cannot legislate morality. Essentially, the reason bigamy is illegal is because most people, liberal and conservative alike, (albeit for very different reasons), object to it. So strong are the feelings against bigamy that any religion that embraces it or group that advocates for it is scorned. Tolerance, religious or otherwise, does not extend to bigamy.
It can, (and likely one day will), be argued that bigamy hurts no one. Where bigamy is the result of coercion or involves minors it becomes a matter where the law is obliged to step in. If a bigamous marriage is the result deceit there is already a legal remedy. It is called divorce. Where bigamy involves consenting adults, there is no basis for legal interference, especially if it is rooted in religious tradition. Simply put, bigamy is illegal because most people object to it. It is an institution that runs contrary to Christian tradition and the moral sensibilities of an overwhelming majority of Americans. But why should it matter what most people or particular religions think? As we have been told time and time again, just because something offends people or violates a religious tenet is no basis to make it illegal.
Often in the U.S., when it comes to moral issues it doesn't matter what the public thinks. As far as the law is concerned, public opinion is not important. Why should it matter how Americans feel about polygamy? By the standards of modern relativism, traditional marriage is simply one of the last remnants of an antiquated notion of religion and moral propriety. If we are to keep making progress towards the ideal society, cobwebs such as bourgeoisie notion that marriage should be confined to a union between two consenting adults must be swept away. If Jane can marry Betty, why can't Robert marry Sarah and Ruth?
Custom, tradition, and community sensibilities have been steadily eroding as foundations of law. Without them, we are left with only reason to guide us. Reason alone is not a sufficient basis for drafting law. It never has been. This is because simply following a line of reasoning can lead not only to places one doesn't want to go, but also to places one never imagined to go.
