Penn Undergraduate Law Journal
  • Home
  • About
    • Mission
    • Masthead
    • Faculty Advisory Board
    • Partner Journals
    • Sponsors
  • Submissions
  • Full Issues
  • The Roundtable
    • Pre-Law Corner
  • Events
  • Contact
    • Contact
    • Apply
    • FAQs
  • Home
  • About
    • Mission
    • Masthead
    • Faculty Advisory Board
    • Partner Journals
    • Sponsors
  • Submissions
  • Full Issues
  • The Roundtable
    • Pre-Law Corner
  • Events
  • Contact
    • Contact
    • Apply
    • FAQs

The Roundtable


Welcome to the Roundtable, a forum for incisive commentary and analysis
on cases and developments in law and the legal system.


INTERESTED IN wRITING FOR tHE rOUNDTABLE?

How Polygamy Could Change America

10/25/2016

0 Comments

 
Picture
By Luis Bravo

Luis Bravo is a sophomore at the University of Pennsylvania studying sociology.

The Obergefell v. Hodges decision marked a monumental victory for gay rights activists by legalizing same-sex marriage. In doing so, however, it also established a precedent allowing the federal government to freely regulate the institution of marriage. As surmised in his dissent, Scalia writes “to allow the policy question of same-sex marriage to be considered and resolved by a select … panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.” [1] As we continue addressing ardent societal issues via the judiciary branch, we have to wonder if the fear same-sex critics held will one day become true: the recognition of polygamous marriages.  Though significantly different from gay marriage, one can make a reasonable case in favor of legalizing and recognizing polygamous unions. Such a feat, however, would require revolutionary changes in our legal system from our tax code to family law provisions.

In a 2014 survey conducted by Pew Research Center, Americans cited “love,” and “life long commitment,” as the top reasons for getting married. In a society with a romanticized notion of marriage, it is easy to forget that tying the knot yields tangible benefits beyond finding your better half. [2] In fact, the financial benefits of marriage are numerous and significant. Primarily, couples have the ability to file their taxes jointly and qualify for deductions they would have been previously ineligible for as single filers. This is just the tip of the iceberg, though, as couples are also entitled to Social Security benefits, additional protections in case of death of a spouse, and savings in expenses such as health plans. [3]

Though same-sex marriage was a milestone and changed the definition of marriage, it only slightly altered the concept. At its core, marriage is still a union between two people, but now those two people can be of any sex. Polygamy, however, would complicate the picture by adding additional actors in the marriage contract. At its core, polygamy seems like a simply concept. If two people can marry, why can’t multiple people have the same recognition? But upon closer examination, polygamy presents considerably more challenges than allowing same-sex marriages. Not only would the definition of marriage have to be once again redefined, but also all of the laws concerning marriage benefits and entitlements. [4]

Let’s take filing taxes, for example. In the current system, couples file jointly and additional people can be added as dependents. In a polygamist marriage, however, it is conceivable to have multiple people with viable incomes. Would only one partnership be eligible to file jointly and would all other spouses have to be listed as dependents? Or, would the Internal Revenue Service have to create a new tax form where people could list multiple spouses? In this case, would all spouses be eligible for deductions and incentives? Or, would only a certain amount of spouses qualify? Alternatively, is a cap on the amount of spousal deductions a more viable option?

Family law, and more specifically, child custody provisions would also have to be revised. In our current system, biological parents take precedence in child custody suits. Extended family members are also eligible for child custody if a significant relationship can be proven. This often means that the child must have spent a considerable amount of time with the extended family members in questions, and this person must also play a role in the child’s life. In child custody battles involving multiple parents, like those we would see with polygamist marriages, who would have standing for custody and who would be deemed the primary caregiver become even trickier issues than they already are. Though biological parents currently take priority, this could prove detrimental in polygamous unions as this could undercut the bond of the child to other parents. Theoretically, in a polygamous union we could expect to see all partners fulfil parental duties at one point or another. If all partners are acting as parents however, would it be fair to give preference solely to biological parents? Additionally, custody arrangements in case of divorce would be complex. If coordinating agreements between two parents is difficult enough, how would the court resolve disputes with multiple actors? More importantly, what impacts would this have on the growth and development of children? [5]

One possibility to introduce the recognition of polygamous marriages to the American society would be to allow the first pair of individuals to be legally married and allow additional partners to be recognized by civil unions. But if the fight for marriage equality has taught us anything, it’s that marriages are much more than legally recognized unions between people. Marriage licenses are a representation of the everlasting commitment of people to one another- though their benefits are plenty, they also carry heavy symbolic meaning. And just like civil unions did not do justice to the love of same-sex couples across the county, perhaps the same can be said of consenting polyamorous relationships. Though polygamy may not be an issue addressed by the Supreme Court or Congress in the near future, it is not unfathomable to think that it will at some point in history. For it to be successfully implemented, however, much more than revised marriage licenses will be required.

[1] OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL. (June 26, 2015).
[2] Desilver, Drew. "5 Facts about Love and Marriage | Pew Research Center." Pew Research Center. February 14, 2014. Accessed October 20, 2016. http://www.pewresearch.org/fact-tank/2014/02/14/5-facts-about-love-and-marriage/
[3] Ashford, Kate. "11 Things You Never Thought Of When You Decided Not To Get Married." Forbes. September 26, 2014. http://www.forbes.com/sites/kateashford/2014/09/26/deciding-not-to-get-married/#86a4a543626e.
[4] Faucon, Casey. "Marriage Outlaws: Regulating Polygamy in America." Duke Journal of Gender Law and Policy, 2014th ser., 22, no. 1 (2014). http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1288&context=djglp
[5] Fry, Amy. "POLYGAMY IN AMERICA: HOW THE VARYING LEGAL STANDARDS FAIL TO PROTECT MOTHERS AND CHILDREN FROM ITS ABUSES." St. Louis University Law Journal 54, no. 3 (April 2010). http://connection.ebscohost.com/c/articles/52841335/polygamy-america-how-varying-legal-standards-fail-protect-mothers-children-from-abuses
Photo Credit: Flickr User howdyhipeople

​
The opinions and views expressed through this publication are the opinions of the designated authors and do not reflect the opinions or views of the Penn Undergraduate Law Journal, our staff, or our clients.

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.


    Categories

    All
    Akshita Tiwary
    Alana Bess
    Alana Mattei
    Albert Manfredi
    Alexander Saeedy
    Alexandra Aaron
    Alexandra Kanan
    Alice Giannini
    Alicia Augustin
    Alicia Kysar
    Ally Kalishman
    Ally Margolis
    Alya Abbassian
    Anika Prakash
    Anna Schwartz
    Ashley Kim
    Astha Pandey
    Audrey Pan
    Benjamin Ng'aru
    Brónach Rafferty
    Bryce Klehm
    Cary Holley
    Christina Gunzenhauser
    Christine Mitchell
    Christopher Brown
    Clarissa Alvarez
    Cole Borlee
    Connor Gallagher
    Dan Spinelli
    Dan Zhang
    David Katz
    Davis Berlind
    Derek Willie
    Dhilan Lavu
    Edgar Palomino
    Edna Simbi
    Ella Sohn
    Emma Davies
    Esther Lee
    Evelyn Bond
    Filzah Belal
    Frank Geng
    Gabriel Maliha
    Georgia Ray
    Graham Reynolds
    Habib Olapade
    Hailie Goldsmith
    Haley Son
    Harshit Rai
    Henry Lininger
    Hetal Doshi
    Iris Zhang
    Irtaza Ali
    Isabela Baghdady
    Ishita Chakrabarty
    Jack Burgess
    Jessica "Lulu" Lipman
    Joe Anderson
    Jonathan Lahdo
    Jonathan Stahl
    Joseph Squillaro
    Justin Yang
    Kaitlyn Rentala
    Kanishka Bhukya
    Katie Kaufman
    Kelly Liang
    Keshav Sharma
    Ketaki Gujar
    Lauren Pak
    Lavi Ben Dor
    Libby Rozbruch
    Lindsey Li
    Luis Bravo
    Lyndsey Reeve
    Madeline Decker
    Maja Cvjetanovic
    Maliha Farrooz
    Marco DiLeonardo
    Margaret Lu
    Matthew Caulfield
    Michael Keshmiri
    Mina Nur Basmaci
    Muskan Mumtaz
    Natalie Peelish
    Natasha Darlington
    Natasha Kang
    Nayeon Kim
    Nicholas Parsons
    Nicholas Williams
    Nicole Greenstein
    Nihal Sahu
    Omar Khoury
    Owen Voutsinas Klose
    Owen Voutsinas-Klose
    Pheby Liu
    Rachel Bina
    Rachel Gu
    Rachel Pomerantz
    Rebecca Heilweil
    Regina Salmons
    Sajan Srivastava
    Sandeep Suresh
    Sanjay Dureseti
    Sarah Simon
    Saranya Das Sharma
    Saranya Sharma
    Sasha Bryski
    Saxon Bryant
    Sean Foley
    Sebastian Bates
    Serena Camici
    Shahana Banerjee
    Shannon Alvino
    Shiven Sharma
    Siddarth Sethi
    Sneha Parthasarathy
    Sneha Sharma
    Sophie Lovering
    Steven Jacobson
    Suaida Firoze
    Suprateek Neogi
    Takane Shoji
    Tanner Bowen
    Taryn MacKinney
    Thomas Cribbins
    Todd Costa
    Tyler Larkworthy
    Vatsal Patel
    Vikram Balasubramanian
    Vishwajeet Deshmukh
    Wajeeha Ahmad
    Yeonhwa Lee

    Archives

    March 2023
    January 2023
    December 2022
    November 2022
    September 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    May 2019
    April 2019
    March 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    December 2017
    November 2017
    October 2017
    August 2017
    July 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    April 2016
    March 2016
    February 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    November 2014
    October 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    December 2013
    November 2013
    October 2013
    September 2013

Picture
Picture
​