to move up and down
Polygamy ruling offers ‘road map’ to avoid prosecution: lawyer
The lawyer representing the polygamous religious sect based in Bountiful, B.C., says prosecuting multiple marriages will remain as difficult as ever — despite a landmark ruling Wednesday that the federal ban on the practice of having multiple spouses should be upheld as constitutional.
Robert Wickett, the lawyer for the Fundamentalist Church of Jesus Christ of Latter Day Saints, the polygamous community in Bountiful, said the B.C. Supreme Court decision actually offers a “road map” for would-be polygamists on how to avoid prosecution.
Big love or big lie?
When the British Columbia government’s polygamy reference case opened at the province’s Supreme Court of Canada on Nov. 22, 2010, a stream of participants and witnesses, including representatives from the Canadian Coalition for the Rights of Children, REAL Women of Canada, the Christian Legal Fellowship, and academic experts, testified about the many harms associated with polygamy. Carolyn Jessop, who fled a Fundamentalist Church of Jesus Christ of Latter Day Saints (FDLS) community in Utah with her eight children in the middle of the night, summed it up well: “Polygamy is not pretty to look at. It is nice that it is tucked away in a dark corner where nobody has to see its realities, because it’s creepy.”
But George Macintosh, the amicus curiae appointed to present the opposing argument, came out swinging. He characterized Section 293 of Canada’s Criminal Code, which bans polygamy, as an overly broad and grossly disproportionate law rooted in Christian prejudices, a law demeaning to polygamists. Women in polygamous marriages anonymously testified that they were happy, that they’d made the right decision. According to the CBC, the B.C. Civil Liberties Association argued that “consenting adults have the right -the Charter protected right-to form the families that they want to form.” And the Canadian Association for Free Expression maintained that the legalization of same-sex marriage in 2005 strengthened the individual’s right to enter a polygamous marriage.
The rights argument carries considerable weight in a liberal society. But rights can’t be separated from the culture in which they arise. They are inextricably linked to institutions that form the backbone of a society; and in every society throughout history, the fundamental organizing institution has always been marriage.
Sperm donors lose anonymity
A B.C.-born woman has won a landmark court battle to give children of sperm or egg donors the same rights as adopted children to learn about their biological parents, after a judge struck down B.C.’s Adoption Act as being unconstitutional.
Olivia Pratten filed the lawsuit — the first of its kind in North America — to try to get the same rights for offspring born as a result of anonymous sperm, egg and embryo donors as adopted children have to learn about their complete genetic makeup when they come of age. (Ian Smith/Postmedia News)
