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Loading ...Defense For Canadian polygamists cites gay marriage
01.22.2009 2:55pm EST
(Creston, British Columbia) The court appearance Wednesday of two men accused of practicing polygamy was greeted with a sense of relief by the Vancouver lawyer attempting to convict the two religious rivals of illegally having more than one wife.
Special prosecutor Terrence Robertson said outside court that the legal cases against Winston Blackmore and James Oler will put them at the forefront of a Canadian issue that needs to be resolved.“The laws of Canada make it an offence to carry on the practice of polygamy,” said Robertson. “There have been differing opinions over the years as to the Constitutionality of the law, and I think in the public interest and the interest of the people of Bountiful as well, that this matter be decided finally by the courts.”
Blackmore and Oler, who live in the controversial southeast B.C. community of Bountiful, were arrested earlier this month.
Blackmore is accused of having 20 wives, while Oler is alleged to have two wives.
They face a maximum of five years in prison if found guilty.
The men made brief appearances in court in Creston and the case was adjourned to Feb. 18.
Bountiful has about 1,000 residents and has been the subject of several investigations involving allegations of polygamy, sexual abuse and trafficking of teenage brides across the border to sister communities in the United States.
Blackmore, 52, and Oler, 44, are the leaders of two rival factions of the Fundamentalist Church of Jesus Christ of Latter Day Saints in Bountiful.
They are leaders of a breakaway offshoot of the Mormon church. The group has communities in Bountiful, Arizona, Texas and Utah and adhere to the practice of multiple marriage originated by Mormon founder Joseph Smith. Polygamy was renounced by the mainstream Mormon church more than a century ago as a condition of statehood in the U.S.
Outside of court, Blackmore made a brief statement: “I think if I’m guilty of anything it’s being Canadian and living my religion.”
Oler did not speak.
Blackmore has not denied earlier reports that he has more than 100 children from numerous women. After he was charged he accused the B.C. government of religious persecution and of engaging in political grandstanding in the months leading up to the May provincial election.
Blackmore’s lawyer Blair Suffredine, a former member of B.C. Premier Gordon Campbell’s Liberal government, said he dealt with both sides of the polygamy issue while serving as a member of the legislature for the Bountiful area from 2001 to 2005.
“I have some knowledge of the history of both sides,” he said outside court.
Suffredine said earlier he intends to use Canada’s laws permitting same-sex marriages in his defense of Blackmore on the polygamy charge.
A government spokeswoman in Victoria said lawyers involved in the case involving the men may be looking for a change of venue if the controversial case goes to trial.
Linda Mueller said there was a brief discussion about changing the location of a trial, which would currently be heard in the small town of Creston, about 700 kilometres southeast of Vancouver.
Oler’s lawyer Robert Wickett said he and his client are reviewing the case.
Same-sex marriage is nonetheless the joining of ONE person to ONE other person with the only difference being that each person is of teh same gender. This has NOTHING whatsoever to dow polygamy – which is degrading to ALL women.
The simple answer is that if homosexuality is legally recognized as a biological and natural drive or term of existence and is therefore due equal treatment under the law, then the biological and natural drive of the heterosexual male to impregnate as many females as possible must also be recognized.
Polygamy also falls under the same defense as homosexuality: What’s it to you?
As long as all parties involved are of legal age and under no coerscion, then what they do isn’t anyone else’s business and effects the lives of no one else besides themselves.
Other laws already on the books deal with incest or underage coersive sex or statuatory rape; the possible abuses of legally recognized polygamy.
The legal argument as stated in this article talks about having more than one “wife.” Assuming that it is also illegal, if not as common, to have more than one “husband”, and with same-sex marriage equality now in place across Canada, shouldn’t the argument be about having more than one “spouse”?
Another case of Mormon hypocrisy: they will try to argue that gay marriage includes permission for polygamy while arguing out the other side of their mouths that gay marriage should be illegal. The sect has border agents of both countries turning a blind eye to the 12-year old ‘brides’ they smuggle both ways across the border in busloadsful. I hope that they get thrown in gaol for the rest of their lives and have their so-called religion outlawed; I expect that they will get a slap on the wrist. In some ways, Canadian jurisprudence is as messed-up as it is in the US
I am not sure how they can equate gay marriage to polygamy. Gay marriage, like it’s counterpart, hetersosexual marriage, is the legal recognition and union of two people only.
Shouldn’t they be citing straight marriage?
being gay isn’t something a person chooses, and therefore gays should be given the right to marry each other.
It’s quite obvious that a person CHOOSES to have 20 wives. It’s bull$hit that the two are even compared.
Gay marriage in Canada was never illegal: It was simply not recognized as providing the legal benefits of opposite-sex marriage.
Polygamy, however, *is* illegal.
There is a difference between creating a new law ‘ex nihilo’ – as was the case with same sex marriage – and repealing a law already “on the books.”
Those supporting legal polygamy cannot justly use the legalization of marriage equality for same-sex couples to justify what they are trying to achieve. Marriage equality for same-sex couples recognizes the equality of men and women, but also of LGBT people and heterosexual people. On the other hand legalized polygamy, especially the forced polygamy of this religious sect asserts the old idea that women are inferior to men. This is another case of a religious group using their religion as a justification for what would otherwise be considered outrageous.
This isn’t about biology or religion or abuse or rape or revenge. It’s just like gay marriage which WAS illegal in Canada (there is such a thing as case law you know…) It’s about the choice of adults to form the relationships they want to make, and government infringements on those (some say God-given) rights. I think it’s a pretty open-and-shut case that Canada’s polygamy law is unconstitutional, which is why it’s almost never been enforced. As people who have had our relationships devalued and prohibited, we should support those adults who find themselves in the same situation. Or are we just embarrassed and angry to support people “like them” who “hate us”? There’s a word for that…
religious freaks
20 wives and adultery is condemned.
what a joke
Truthfully as long as the balance is that women if they choose can marry multiple people and it is not one sided where it is only allowed for men or for heterosexuals then I see no problem with polygamy. If it is consensual and I don’t mean attached to some religious belief that men should be allowed to use up the sperm they have, if it actually is about love then go ahead. I do have a problem comparing it to gay marriage though. If it is to be compared then it should be compared to marriage in general.
Randy: “This isn’t about biology or religion or abuse or rape or revenge.”
Tom: I do not disagree.
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Randy: “It’s just like gay marriage which WAS illegal in Canada (there is such a thing as case law you know…)”
Tom: The Criminal Code (in this case, http://www.canlii.net/ca/sta/c-46/sec293.html) ‘trumps’ case law.
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Randy: “It’s about the choice of adults to form the relationships they want to make, and government infringements on those (some say God-given) rights.”
Tom: Uhm? Are you one of the some who “say God-given”?? What’s next Randy; an invocation of ‘natural law’??!
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Randy: “I think it’s a pretty open-and-shut case that Canada’s polygamy law is unconstitutional, which is why it’s almost never been enforced.”
Tom: It has not been enforced because it has not been enforced.
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Randy: “As people who have had our relationships devalued and prohibited, we should support those adults who find themselves in the same situation.”
Tom: Agreed.
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Randy: “Or are we just embarrassed and angry to support people “like them” who “hate us”?
Tom: I hope we’re not…
More than likely, the prosecuters will bring up past Supreme Court of Canada cases(R v. Butler, R v. Keegstra). Both those dealt with rights being violated(Freedom of Expression). In both instances the Courts agreed about the violation, but stated that the violation was justified. Butler(obscenity law prohibiting sale of pornography), because porn is seen as being degrading and harmful to women and children. Keegstra(Hate Speech Law), because it protected minority groups from undue harm of hate speech proclaimed by others.
If the prosecuters are smart, they will cite these. Yes, the defendents right to freedom of religion was violated, but the harm of allowing polygamy in that community would be much greater than the harm of restricting his right to have multiple wives.
What does gay marriage have to do with polygamy? These are completely separate issues. Here’s the problem with polygamy. You can’t have one man saying he has the right to marry as many women as he wants. It is not fair to the women involved and tax issues cannot be resolved between multiple partners like this. Gay marriage is a union between two consenting adults and no harm is done to either party.
As a matter of fact I sincerely hope that they use the gay marriage laws for their defense. They will lose and then we will have proof that gays getting married is not such a slippery slope after all.