To Plyg Or Not To Plyg: Utah Challenges Anti-Polygamy Laws

Hello, everyone!  Yes, it had been a while since all y'all have heard from me.  I'm still around.  There is so much going on in the world of polygamy that I felt like I was dropping the proverbial ball if I didn't comment on it.

So here it goes...

Utah currently has a bill before its legislature that would essentially "decriminalize" polygamy.  I use quotation marks, because the bill doesn't literally decriminalize the practice - it reduces it from a felony to a misdemeanor.  It would be a punishable offense.  But hey - a victory is a victory.  The bill passed unanimously in the Senate.  Read about it here.  It still must pass through Utah's House of Representatives where its fate will be determined - will this be a victory for polygamists?  Or a smackdown?  It remains to be seen.

Some may remember back in January, 2013 when Kody Brown and wives of "Sister Wives" fame challenged the anti-polygamy laws in federal court, and a judge ruled that those laws were unconstitutional.  That was a great day.  I was up late that night, celebrating with other polygamists on social media late into the night, and there was much wailing and gnashing of teeth with the "antis".  That victory was short-lived.  The ruling was struck down, because there needs to be an active prosecution in respect to the law in order to challenge it.  In other words, there was no polygamy charge levied against Kody Brown.  Utah has not prosecuted polygamy in decades.

I have been asked by friends, "Why do you care if Utah has anti-polygamy laws?  They don't enforce them.  It doesn't affect you."  No, it doesn't affect me.  Yes, I live in Arizona.  But the reason I don't live in Utah is its laws.  The threat is always there.  Nobody wants to live under that intimidation.  "We're not going to arrest you... but we could if we wanted!"

So, how did this bill pass the Senate in very mainstream LDS Utah?  Unanimously??  They provided a rationale that I have used for almost two decades.  The abuses that stereotypically exist in plural marriage - sexual abuse, domestic violence, underage marriage, welfare fraud, etc. - are caused by the culture of secrecy that has sprouted up due to strict anti-polygamy laws.  Much in the same fashion that Prohibition created a bootleg culture, along with theft, murder, and other crimes, making polygamy illegal has pushed it into the shadows, allowing the evil designs of men like Warren Jeffs to flourish.  Because they were not accountable to anyone.  Because everyone was quiet.  You don't talk about your beliefs to the world.  You don't take your brother to the law.  And if you're a plural wife enduring abuse, you don't take your issues to the authorities, because you yourself may be arrested for living polygamy.  It's a mess.

These are the very things that I said to Mike Watkiss, formerly of Arizona Channel 3, in a letter back in 2008.  (I can no longer find the letter online.)  These are the things I spoke about in my TV interviews, and I ruined my credibility in the polygamous communities because of it.  Why?  Because you DON'T GO TO THE MEDIA!!  Why?  The culture of secrecy.  You're not supposed to speak out, rather remain hidden, and go unnoticed.  And if you speak, you're not just risking yourself, but everyone else.  One man in a polygamous community called me a "wicked, wicked man" for going to the media.

This culture of secrecy has to end.  Only when everything is transparent will the abuses end.  Only when things are out in the open will there be accountability when men try to take advantage of this system.  Luckily, this is the argument that went before Utah Senate.  And cooler heads prevailed.

They realized that for well over a hundred years, the polygamy "problem" did not go away.  You are not going to get rid of polygamy.  Ever.  Not upon threat of jail.  Not upon the threat of death.  Nothing short of ethnic cleansing will get rid of this lifestyle.  So another solution must be presented.  Hence, the new bill.

It made my heart proud to see the response of overwhelming support from the Mormon fundamentalist community.  They gathered on the steps of the capitol to show solidarity.  There has also been an overwhelming response from the naysayers and anti-polygamist hate groups.

First of all, I must say that I am a lot less vitriolic towards them than I was wont to be in days past.  I still don't like them.  But at least I understand them a little.  These women are mostly victims of this culture of secrecy that I have been speaking of.  They suffered real hurts and pain at the hands of men abusing the Principle.  Who am I to judge them?  However, who are they to judge us?

Granted, I have not been a polygamist for many, many years now.  Maybe that accounts for my softening.  But I still remember the nights when I would lay awake, worried that someone would come to take my kids away, that someone would lie and make up shit to obtain that objective.  Even with the presence of this bill, there has been quite a clamor from the antis.

There was a demonstration where the antis slapped stickers that read "Slave" on the chests of women, equating slavery and polygamy.  They had the ill fortune of placing one on Rep. Sandra Hollins, an African-American woman.  The thoughtlessness is astounding.  However, this has always been the method of the antis - lying, overdramatization, false rhetoric, ignoring decency, and, in this case, outright racism.

Fortunately, there have been advocates like historian, Cristina Rosetti (check out her Twitter) and Lindsay Hansen Park, who did my Year of Polygamy interview.  I need to clarify that neither of these great women are pro-polygamy.  Cristina isn't even Mormon.  They just recognize that, for things to change positively in the world of plural marriage, that the change must start within the walls of the capitol building.  Check out Linday's excellent article about the racist narratives used in this argument right here.  These women may not want my gratitude for their defense.  But they have it.

In closing, my message is:  Utah - you made this problem.  You need to fix it.  You're doing a great job so far.  Keep it up.  Don't let us down!

PS  Relax, Utah Mormons.  The Church is not going to bring back polygamy anytime soon.