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This paper sets the current debate about Canada's criminal law prohibiting polygamy in an historical, social and legal context, and argues that this law is constitutionally valid and sound social policy. Unlike the recognition of same-sex marriage, which promoted equality and saved government resources, the recognition of polygamy would promote inequality and impose costs on Canadian society. The social reality of polygamy is often exploitative of women and harmful to children, and its practice is contrary to fundamental Canadian values. If Canada's prohibition on polygamy is ruled unconstitutional, we would likely have to allow immigration by polygamous families. Western European countries, which allowed immigration by polygamous families in the past, experienced significant social and...
... 400 children from a polygamous community in Texas,2 as well as a popular television series about a p... the history of the development of the laws governing marriage in Canada. Next, the paper cons... to the criminal provisions governing bigamy in American states such as Utah.44 There, the crim...
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...of Texas v. United States, 307 F.2d 120 (1962); United Stat...Australian Commentary on Halsbury's Laws of England (4th ed.), vol. D, Sydney, Butterworths... as a principal, such as perjury and bigamy, whatever the doctrine of corporate criminal liabi...
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Judicial alteration of the meaning of civil marriage from union of a man and woman to the union of any two persons raises a number of legal issues not raised by legislative redefinition; these are separation-of-powers issues centered in notions of the proper scope and role of judicial review, creation of standards to guide judicial application of broad and open-ended constitutional guarantees like equality, liberty, and dignity, judicial deference to the political branches, and the like. Here, Stewart examines whether the tasks of the judiciary in these areas are done well by citing appellate cases.
..., to strike down or alter a number of laws deemed to discriminate against gays, lesbians, or ....132 Green was convicted of four counts of bigamy (that variety known as unlawful cohabitation, whic... sodomy (especially one like the Texas law reviewed in Lawrence v Texas, which was limite...