Emory Law Journal

Articles from Vol. 64, No. 6, 2015

Foreword
Nearly one hundred forty years ago in 1879-in a time far removed from our own in many ways-the United States Supreme Court decided Reynolds v. United States, holding that criminal laws banning polygamous marriages did not violate the U.S. Constitution....
L'amour for Four: Polygyny, Polyamory, and the State's Compelling Economic Interest in Normative Monogamy
INTRODUCTIONTerisa Greenan and her boyfriend, Matt, are enjoying a rare day of Seattle sun, sharing a beet carpaccio on the patio of a local restaurant. Matt holds Terisa's hand, as his 6-year-old son squeezes in between the couple to give Terisa a kiss....
Polygyny and Violence against Women
INTRODUCTIONAfter the events of September 11, 2001, academics, pundits, policymakers, and other members of the interested public wondered why "they" hated "us." And, indeed, whether derived from politics, economics, religion, or history, some degree...
Scrutinizing Polygamy: Utah's Brown V. Buhman and British Columbia's Reference Re: Section 293
INTRODUCTIONThe constitutionality of criminalizing1 polygamy was once an easy decision for the courts. In 1879, the United States Supreme Court confined its substantive discussion of polygamy to two paragraphs in Reynolds v. United States,2 and the Court...
Should Civil Marriage Be Opened Up to Multiple Parties?
INTRODUCTIONWe formulate the symposium question as whether to open up civil marriage to multiple parties. We have three reasons to formulate the question this way. First, we intend to signal that we address only civil marriage law and not religious law...
The Evolution of Plural Parentage: Applying Vulnerability Theory to Polygamy and Same-Sex Marriage
INTRODUCTIONMuch of the legal debate surrounding the challenge to "traditional" heterosexual marriage has involved questions of discrimination and equal treatment. The same-sex marriage campaign has relied heavily on such arguments in recent years, contending...
The Loadstone Rock: The Role of Harm in the Criminalization of Plural Unions
It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of...
The Most Comprehensive Judicial Record Ever Produced: The Polygamy Reference
INTRODUCTIONCanada's statutory prohibition on polygamy has been around for over 100 years. It originated primarily in response to concerns that the existing prohibition on bigamy was not sufficient to capture nonlegal plural marriages.1 A conviction...
Three May Not Be a Crowd: The Case for a Constitutional Right to Plural Marriage
INTRODUCTIONThis Article is about the unconstitutionality of laws that limit civil marriage to couples.1 As of this writing, even though numerous legal scholars have contributed to the same-sex marriage debate, most legal scholars have been reticent...
Vulnerability and the Institution of Marriage: The Evolution of Plural Parentage: Afterword
Since 2007, the Vulnerability and the Human Condition Initiative at Emory has been developing the concepts of vulnerability and resilience and the idea of the "vulnerable subject" as the only appropriate legal subject around which to build law and policy....
Why Two in One Flesh? the Western Case for Monogamy over Polygamy
(ProQuest: ... denotes non-US-ASCII text omitted.)INTRODUCTIONFor more than 2,500 years, the Western legal tradition has defined lawful marriage as the union of one man and one woman with the fitness, capacity, and freedom to marry each other. This was...
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