Legalizing Plural Marriage: The Next Frontier in Family Law [Paperback]

Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other poly groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next stepafter same-sex marriagein the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative and administrative arguments which demonstrate that plural marriage is not as farfetchedor as far offas we might think. Goldfeder argues not only that polygamy is in keeping with the legislative values and freedoms of the United States, but also that it would not be difficult to manage or administrate within our current legal system. His legal analysis is enriched throughout with examples of plural marriage in diverse cultural and historical contexts. Tackling the issue of polygamy in the United States from a legal perspective, this book will engage anyone interested in constitutional law, family law, or criminal law, along with sociologists and those who study gender and culture in modern times.

MARK GOLDFEDER is senior lecturer at Emory University School of Law, senior fellow at Emorys Center for the Study of Law and Religion, director of the Law and Religion Student Program, adjunct professor at Emory University Department of Religion, and adjunct professor of law at Georgia State University College of Law.

Foreword by Lisa Fishbayn Joffe Introduction: Revisiting Polygamy What Is Marriage? Privileging Function over Form Unbundling Marriage The Realities of Monogamy and the Push for Plural Marriage Children of Plural Marriages: A First Empiril3L