Friday, April 18, 2008

The Power of the Court Regarding a Religious Practice -- Polygamy

 The Fundamental Church of Jesus Christ of Latter-day Saints split ties with the Mormon Church in 1890 after the Mormon Church's leaders banned the practice of polygamy, or plural marriage. Today, a compound exists outside of Eldorado, west Texas, that has recently been discovered to be the home of 416 children who were given birth by mothers aged 20 and younger. The compound, named "Yearning for Zion Ranch," was discovered after police received a call from a 16-year old girl who said she had been "beaten and raped by her 50-year old spiritual husband".

 Now the court -- in specific, Judge Walther --  has a decision to make. Firstly, it has to be decided whether the children were abused or are at risk of being abused. If they are at risk, a second decision has to be determined: is the entire culture of under-age marriage through plural marriage in the community detrimental to the well-being of the children? 

 However Judge Walther decides, he will actually be making a statement regarding family in the United States. The practice of polygamy not only causes emotional repercussions for the women -- or girls -- involved, but it also redefines the typical ideas we have of family. Plural marriages result in children having one father, but multiple mothers and half-siblings. Depending on how Judge Walther rules, he could have to attempt to define "family."

 Although the initial issue involves child abuse, many people agree that the community's lifestyle will ultimately end up on trial. This would increase the government's power to rule personal matters, such as that of religious practices. While the members of the compound feel that their practice of plural marriage descends from the founding prophet, Joseph Smith. If the court makes a decision that rules against the community's ability to polygamous relations, they would be making a decision regarding their ability to partake in religious practices. However, they would be protecting children from abuse. The question is whether the court will give itself this power. 



1 Comments:

At 4:51 PM, Anonymous Anonymous said...

Regardless of the religious and polygamist issues, I think we all agree that child abuse needs to be detected faster and prosecuted more vigorously. Does anyone know of any especially innovative ways to do this? We've created an online role-playing course that lets teachers (who often notice signs of abuse, but fail to act) practice a conversation with a possible child abuse victim. It gives expert feedback after every choice. If you know of other innovative programs (using technology or not), please let us know. Thanks!

 

Post a Comment

<< Home