Re: [UUPoly-L] Poly reality



> I'm just trying to understand why polygamy is perceived as being more
> exploitative than monogamy -- and why protections built into current
> monogamy couldn't be extended to polygamy.

That was my thought as well.  Most (all?) of the abuses that can occur
in a polygamous marriage can occur in a monogamous marriage and are
already covered by current laws, are they not?

What new abuses are possible in a polygamous marriage that aren't
covered under our existing laws?

Right now, if a man decides to marry a woman and set up a family in San Diego, and then decides to marry another woman and set up a family in New York city. Neither family knows about the other. This is illegal. It can cause emotional damage, legal complications, and possibly financial damage. If we legalize multi-partner marriage, the man can claim he is just practicing polygamy, since it would be legal to have more than one wife. This would require some new protection. Maybe a law saying you couldn't take on additional husbands or wives without at least notifying the other husbands and wives in advance. That's not something we have on the books.


Right now, if a man divorces his wife and leaves his kids, he might well get stuck with alimony payments and child support. But, if polygamy is legal, he a new option. He can simply marry another wife and go live with her. Because he's not divorced, he's not required to pay alimony or child support. The first wife could divorce him, but then he could claim he never wanted the divorce and he could retaliate by trying to get sole custody of the children (take the first wife's children away from her). He would have a better shot at doing so, since living in a home with two parents might be perceived as better than letting the children stay with the single parent. Should we pass a law saying that indiovudal income should be divided fairly among spouses? Or do we need divorce laws to handle situations involving multiple husbands and wives? Either way, we don't have the laws on the books.

Suppose a man cheats on his wife for many years. She discovers the affair and threatens to divorce him, leaving him with nothing. Before the divorce takes place, the man can marry the othe woman, claim his affair was just a courting period, and tell the court he doesn't want the divorce and is being treated unfairly. How can we prevent cheaters from getting last minute legal coverage? That's not a simple extension of existing laws.

But it's not just abuses. There are SO many other changes, too! Family law, divorce law, tax law, business law...a lot will have to change to accomodate multi-partner marriages.

My partner marries someone. I don't marry the person. (Or is that even a legal possibility?) That person signs up for a whole bunch of new credit cards and runs up $200,000 in debt. Am I legally protected from the debt of the spouse of my spouse? We don't know. We don't have laws covering this.

I'm an employer. I hire a guy who says he has 1 wife and 1 child. A month later, he has married two more wives (he was just waiting until he had a job). He now has 3 wives and 7 children. I tell him he will only get employee benefits (dental, medical, and so forth) for the first wife and any children genetically related to her. Can he sue me for benefits for the rest of his family? Can I charge him a different family rate for insurance than I charge the other employees who have only one wife? We don't know. No laws cover this sitiuation.

I'm married to a woman and have a child with her. She marries another woman without my approval. The woman has 3 children from previous marriages. I change my will to specifically say my inheritance should pass only to my own child. But after I die, the other children contest the will claiming they are legally my children, too, and so deserve part of my inheritance. Do they? Is my child just screwed down 1/4 of her or his inheritance? Or does inheritance in multipartner marriages follow genetic lines? We don't know. There are no laws covering this on the books.

Who can I claim on my tax forms? Shouldn't we have new forms for families with multiple married partners? And tax laws will have to modified to determine who gets what tax shelters or tax benefits on these forms.

We can create laws to cover all kinds of anticipated situations. But it's not just a matter of extending existing laws. It will require new laws that specify the problems and propose remedies (or sentences).

When I see the package of bills that reasonably attempts to protect the participants from abuses and to resolve a host of anticipated problems in family and business law, then I might support the legalization of multi-partner marriage. Until then, I don't support it.

:-)
Kelly

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