BishopAccountability.org
B.C. Supreme Court Upholds Anti-Polygamy Law

By Byron Chu
London Free Press
November 23, 2011

http://www.lfpress.com/news/canada/2011/11/23/19009401-qmi.html

[with video]

VANCOUVER -- Canada's 120-year-old anti-polygamy law was upheld by the B.C. Supreme Court Wednesday.

B.C. Supreme Court Chief Justice Robert Bauman found the prohibition of polygamy is consistent with Canadian international human rights obligations, and aims to prevent harm to women, children and society, and protect the institution of monogamous marriage.

Prevention of harm is pressing and substantial, and has been demonstrated by defenders of law, according to Bauman.

The judge accepted that the law may encourage isolationism and insularity of polygamists, but it seeks to advance monogamous marriage, a fundamental value of Western society.

Bauman deemed that women were at elevated risk of physical and psychological harm, domestic violence and abuse, and sexual abuse. Competition for a husband's material and emotional resources could fracture relations with co-wives, leading to depression and mental-health issues, low self-esteem and marital dissatisfaction.

Bauman accepted arguments that children suffer emotional, behavioural and physical problems. Also recorded were higher infant mortality, lower educational achievement, stress, conflict and family tensions.

Early marriage for girls lead to health issues from early sexual activity and pregnancies.

Young men are forced out of communities and all children are exposed to harmful gender stereotypes.

The harm polygamy causes on society includes high fertility rates, large families and poverty.

Polygamy creates groups of poor, unmarried men predisposed to violence and anti-social behaviour, and institutionalizes gender inequality, patriarchy and authoritarian control.

The issue was referred to Bauman after the province tried unsuccessfully to prosecute two leaders of the polygamous fundamentalist Mormon commune in Bountiful, a small community in the B.C. interior just north of the U.S. border.

The federal and provincial governments and other interveners fought for the law to be upheld, arguing polygamy puts women and children at risk of harm and abuse.

Meanwhile, the RCMP launched an investigation earlier this year into allegations that youngsters from Bountiful were transported across the border, in some cases to marry much older men. In B.C. anyone between the ages of 16 and 18 needs the consent of both parents to marry. Those under 16 need judiciary consent. The age of sexual consent in Canada was raised from 14 to 16 in 2008.


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