Polygamy Human Rights And Civil Liberties - 3424 Words

Polygamy: Human Rights v. Canadian Constitution Collins Njoroge 200105390 Crim 335 - Human Rights and Civil Liberties Instructor: Danijel Ristic 24TH March, 2015 Cesar Chavez, an American civil rights activist and labor organizer, once stated that the â€Å"[p]reservation of one s own culture does not require contempt or disrespect for other cultures† (University of Florida, n.d., para. 14). This oft-quoted aphorism is particularly relevant in Canada, a multicultural country where certain cultural practices — such as polygamy — are proscribed. In opposing polygamy, critics argue that the cultural practice is incongruent with Canadian values, perpetuates gender inequality, and is inherently harmful to women and children (Reference re: section 293 of the Criminal Code of Canada, 2011). On the other hand, proponents of polygamy contend that prohibition infringes on their Charters of Rights and Freedoms, specifically section 2(a) or freedom of religion (Bala, Duvall-Antonacopoulos, MacRae, Paetsch, 2005). In light of the foregoing, this paper will evaluate the polygamy legislation in Canada for consistency ( or lack thereof) with the Constitution. Acknowledging the complexity of the polygamy debate, this paper will borrow from two competing human rights perspectives — universalist and cultural-relativist perspectives. The former is predicated on individual rights, with a greater focus on civil and political rights, and the latter is predicated on collective rightsShow MoreRelatedThe Constitutional Rights Of The State Of Utah1256 Words   |  6 PagesDefendant, Hale Hallow, is petitioning the court to declare Utah’s state law criminalizing polygamy unconstitutional. Hale Hallow is a faithful member of The Church of Jesus Christ of Latter Day Saints (LDS, or Mormons) and has relations with multiple different women. He believes that he has a constitutional right to enter into a marriage with more than one of these women. However, Mr. Hallow is being denied such right due to Utah state law. After Utah’s state court of appeals ruled that the law will beRead MoreInternational Covenant On Civil And The United St ates Of The Supreme Court Of British Columbia1041 Words   |  5 Pagesconstitutionality of the polygamy offenses. In 2011 the provincial government decided to get the opinion on the matter from the Supreme Court of British Columbia (BCSC) on the constitutionality of s. 293, now referred to as the Polygamy Reference (Wray, Reimer, Cameron, 2015). The purpose of this paper is to critically assess the inherent harms of polygamy. Specifically, we will look at the harms against women, children, men, and society at large in relation to Polygamy. Polygamy violates s.15 of theRead MoreGay Marriage Should Be Legal1537 Words   |  7 Pagesinterracial couple’s right to marry under federal law. In Loving v. Virginia that same year, interracial couples were finally given the right to marry, a landmark decision where civil liberties were finally granted to those deserving. Currently in this country, we are facing another so â€Å"radical redefining of marriage†, the right o f same-sex couples to marry. Given date and secular reason, same-sex couples should be allowed to marry and received the full 1,138 federal marriage rights they are denied becauseRead MorePolicy Advice Memorandum: Equality of Marriage1326 Words   |  5 Pagessame-sex marriage creates a slippery slope scenario in which men and women could marry animals; or in which polygamy and polyandry are also supported in law. While it may be easy to make the slippery slope argument, the fact remains that it is also quite easy to refute. 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Glen Lavy, JD, senior counsel with the Alliance Defense Fund, argued in a May 21, 2008 Los Angeles Times Op-Ed, The movement for polygamy and polyamory is poised to use the successes of same-sex couples as a springboard for further de-institutionalizing marriage. In April 2013, Slate published a plea for legal polygamy by writer Jillian Keenan: Just like heterosexual marriage is no betterRead MoreThe Fight for Gay Rights Essay1226 Words   |  5 Pagesfrom becoming legal in most of the country. Gays and lesbians are Americans just like everyone else, and deserve the same rights. Discrimination to a minority is supposed to be against the law, but still somehow manages to exist for the LGBT (Lesbian, Gay, Bisexual and Transgend er) community. Preventing same sex couples from marrying is not only denying them their civil rights, it is also discriminating against their innocent family members. Gay marriage is just another hurdle to be overcome by Americans