Wednesday, July 1, 2015

Plural Marriage Has a Champion: The Collier Family Challenges Marriage Equality

The Colliers
Last week, the Supreme Court made a momentous decision by ruling in favor of gay marriage, and Facebook exploded in an array of rainbow colors.  Everyone was celebrating marriage equality.

But of course, there were many of us who have personal experience that - whereas this is a positive step for the LGBT community - there are many of us who still do not have the right to marry as we wish, according to the law.  Everyone knew that the fate of polygamy was inextricably tied with that of gay marriage.  In fact, the same day of the SCOTUS ruling, I began to see memes and posts about - what about polygamy?  Does this right extend to polygamists?

Every movement needs its champion.  There has been a history of plural marriage being tried legally and being struck down.  The Reed Smoot hearings in the 1800s are an example.  Roy Potter was a Utah police officer who took his case to the Supreme Court in the 1980s and was struck down.  Potter was essentially told that his right to believe whatever he wanted religiously was constitutionally protected, but not his right to live his religion.

It was weird.  I was thinking about the TV show "Big Love", and how it has changed public perception of plural marriage.  If it wasn't for the success of that show, there would never have been a TV show called "Sister Wives", and, if wasn't for that TV show, Kody Brown would not have had the voice to take his case to court.  In December 2013, I woke up in the middle of the night to an email from a friend of mine, a anthropologist who has studied polygamy extensively.  He was the one who alerted me to the fact that a federal judge in Utah had ruled in favor of the Browns.  He ruled that the anti-polygamy laws were unconstitutional.  This was such a moment of triumph.  I stayed up the rest of the night, posting about it.  Polygamists were celebrating, and the haters were fuming.  But this meant for me that never again would I fear being placed in jail for belief and practice of plural marriage.  Can you imagine what a relief it was?

So back to the concept of a champion - I have wrote about Nathan Collier and his two wives, Vicki and Christine.  They have been featured on the last season of "Sister Wives".  I also had the privilege of presiding at their recommitment ceremony a few years ago in Montana.  What I have not mentioned is how much I admire this guy.  He has held his family together successfully for many years and is a stellar example of plural marriage.  Which is saying something, because this is not something that he was raised around.  He had to figure it out as he went.  I also know him to be a deep thinker and one of the most open-minded guys I know.

So I was not surprised that, only mere days after the SCOTUS ruling, Nathan decided to challenge the Marriage Equality Act by taking his wives to a courthouse in Montana to apply for both of his wives.  This is what he posted on Facebook that morning:

"From civil rights to suffrage, prohibition to slavery, no social injustice has ever righted itself without those willing to sacrifice for the greater good. The Brown family, the Dargers, the Williams family and many others sacrificed their privacy to create awareness of functional plural marriage and they have taken this noble effort farther than I ever thought I would see it in my lifetime. I am truly indebted to them all.
It is now my turn to throw myself on the metaphorical sword in an effort to continue to build upon the work that so many others have begun.
With the blessings and support of my wife Vicki, my wife Christine and I are heading into the Yellowstone County Courthouse today to apply for a Montana marriage license using the Marriage Equality Act as a basis for our claim.
I don't know what to expect or how this will be handled. I expect the application to be denied after which I will file a civil rights lawsuit in federal court. We could possibly be arrested and caged for daring to attempt to legitimize our marriage legally.
My stomach is in knots but I remind myself that this is necessary for change. Please keep us in your hearts."



He took a news crew with him - which Nathan believes is the only thing that kept him from being arrested.  If you watch the news report, it is hilarious to see the expressions of the employees at the courthouse as Nathan explains what he is doing.  Initially, his request for a marriage license was denied, but then he was told that a supervisor would need to review the case, and they would get back to him.

This was yesterday, and, as of today, Nathan has still not heard back from the courthouse.  Along with the Collier family, we are all holding our breath.  It had to start somewhere.  I didn't expect it so soon, but Nathan Collier, and his wives, have stepped up to the plate.  It is hard for me to imagine a world where plural marriage is, not only decriminalized, but legal.  I never thought I would see the day, and that is thanks to the Colliers for their bravery and tenacity.  A big thank you from me and my family to yours.