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> Is Polygamy a Worse Crime than Adultery?
>
> Would Men Rush Out to Get Married if Polygamy were Legal?
>
> By Mary Mostert, Analyst, Original Sources
> (http://www.originalsources.com)
>
> June 2, 1999
>
> As the world teeter-totters on the verge of World War III, and the
> President of the United States bombs and kills civilians in
> Yugoslavia, what did Geraldo Rivera choose to become incensed about
> yesterday? A case in Utah involving a polygamist which brought the
> wire services and foreign film crews scurrying to Utah to cover the
> trial, that's what.
>
> Amazing! Here is the man who supported President Clinton's "privacy"
> right to treat women any way he chose to treat them - even up to and
> including rape, in the case of Juanita Broaddrick, but last night was
> demanding that the State of Utah INSTANTLY do something about a
> reported 25,000 cases of polygamy in the state. In fact, his outrage
> was so comical that the Salt Lake City KSL-TV guest on his show
> laughed at him.
>
> The case that took Rivera's mind off the NATO bombing of Yugoslavia
> (which he supports) to polygamy (which he doesn't support) was that of
> David O. Kingston who is accused to having had sex with one of his 15
> wives - the 16 year old daughter of his brother, John Daniel Kingston.
> The opening of the trial took place yesterday which brought wire
> service reporters and foreign film crews running to Utah.
>
> The case broke open last summer when the girl showed up at a rural gas
> station just south of the Idaho border and said her father beat her
> for disavowing the marriage. David Kingston has rejected a plea
> bargain and insists he is not guilty of three felony counts of incest
> and one count of unlawful sexual contact, said his attorney, Stephen
> McCaughey.
>
> When the story broke, Governor Mike Leavitt seemed to step on a
> political mine field when he, the descendant of a polygamous Mormon
> family, commented that polygamy may be protected as a religious
> freedom.
>
> The Utah State Constitution is the only State Constitution in the
> United States which specifically outlaws polygamy - an interesting
> situation since it was the Church of Jesus Christ of Latter-day Saints
> that practiced plural marriage as a religious doctrine and which
> fought for the right to practice it all the way to the Supreme Court
> and lost. So, how did Utah became the only state in the union to
> specifically prohibit plural marriage? Well, that statement was
> REQUIRED by the Utah Enabling Act of 1894, which was passed by the
> Fifty-third U.S. Congress in clear violation of the U.S. Constitution.
> The Fifty-third Congress passed a law which REQUIRED the Mormon Church
> to abandon a religious doctrine. That was before the Supreme Court
> decided that the First Amendment to the Constitution, which states
> that "Congress shall make no law respecting an establishment of
> religion, or prohibiting the free exercise thereof or abridging the
> freedom of speech, or of the press..." disallowed ANY government
> involvement with religion.
>
> The Utah Enabling Act stated, that "no inhabitant of said State (Utah)
> shall ever be molested in person or property on account of his or her
> mode of religious worship, provided that polygamous or plural
> marriages are forever prohibited."
>
> The Utah Enabling Act actually had no impact on the Mormons, because
> four years before, in 1890, the Church President at the time, Wilford
> Woodruff had issued a declaration stating, "Inasmuch as laws have been
> enacted by Congress forbidding plural marriages, which laws have been
> pronounced constitutional by the court of last resort (the Supreme
> Court), I hereby declare my intention to submit to those laws and to
> use my influence with the members of the Church over which I preside
> to have them do likewise."
>
> From that day to this, that has been the doctrine of the Church. In
> fact, even in countries of Africa and Asia where polygamy is legal,
> those practicing polygamy cannot be baptized in the Church. So,
> contrary to Rivera's insistent effort to somehow involve the Mormons
> in the Kingston case, it actually has no impact one way or the other
> on the The Church of Jesus Christ of Latter-day Saints.
>
> Shortly after Leavitt's comment a storm of protest from feminist
> groups broke over the Governor's head. He then clarified his position
> by saying that after speaking with prosecutors, he had concluded
> polygamy isn't pursued in court not because of religious freedom but
> because - as with fornication, sodomy and adultery - it is difficult
> to do so. He cited three reasons: lack of proof, since most polygamous
> marriages take place in private and are not documented; case law
> preventing children from being removed from a polygamous home; and
> higher priorities for law enforcement.
>
> In recent years, the most spectacular polygamy case did not involve
> Utah or what are sometimes called "fundamentalist Mormons" who, though
> not members of The Church of Jesus Christ of Latter-day Saints, are
> described by the media as "having roots in the early church." For
> example, the Bureau of Alcohol, Firearms and Tobacco (BATF) affidavit
> justifying the raid on the Branch Davidians at Waco, Texas in 1993
> states that Jeannine Bunds, a former member of the group, told Davy
> Aguilera (the BATF special agent who swore out the search warrant
> affidavit) that David Koresh "had fathered at least fifteen children
> from the various women and young girls at the compound." The Aquilera
> affidavit also quotes a Mrs. Poia Vaega, of Mangere, Auckland, New
> Zealand, who said, while she and her husband were members of the
> group, that Koresh has "sexually abused" her sister and that he "would
> preach his philosophy, which did not always coincide with the bible,
> for hours at a time. She and her husband left the compound after ten
> days because her husband did not agree with Howell's (Koresh's)
> doctrine but that her two sister stayed behind."
>
> The charge, which may very well have been true, that David Koresh
> believed in and practiced polygamy was an important aspect of the 17
> page affidavit. The planned invasion of the Branch Davidian religious
> group was justified in a legal document presented to a Texas judge,
> who approved the raid, largely because of that affidavit which
> carefully documented RELIGIOUS "irregularities" on the part of David
> Koresh. For example: "Vernon Howell, aka David Koresh, played music on
> a guitar for 30 minutes and then began to read the bible to Special
> Agent Rodriguez." (Note: Throughout the affidavit the Bible is not
> capitalized, but special agent IS capitalized!) "During this session,
> Special Agent Rodriguez was asked numerous questions about his life.
> After answering all the questions, Special Agent Rodriguez was asked
> to attend a two week bible session with David Koresh. This was for
> Special Agent Rodriguez to learn the seven seals and become a member
> of the group. Special Agent Rodriguez was told that by becoming a
> member he (Rodriguez) was going to be watched and disliked. David
> Koresh stated that Special Agent Rodriguez would be disliked because
> the government did not consider the group religious."
>
> Obviously Rodriguez WOULD be watched if he joined the group. The
> affidavit reveals that BATF had agents infiltrating the Branch
> Davidians for that purpose. What, exactly, was the reason for
> Rodriquez to outline his understanding of the Branch Davidian
> religious doctrine in the affidavit for a search warrant?
>
> The search warrant affidavit clearly proved that anyone could leave
> the Davidian religious group if they chose - as was proved by one
> sister leaving, and the other two staying. The ones that stayed were
> killed as a result of the army tank moving in to wreck the building,
> which was what set off the fire that killed 83 people.
>
> What is it about polygamy that sets liberals like Rivera, Janet Reno
> and Bill Clinton off on such hate binges? Why is polygamy absolutely
> horrible and must be stopped at all costs, but things like
> prostitution, homosexuality, adultery, fornication - all of which are
> frowned upon by the religious writings of most world religions, are
> OK. But polygamy - where a man is married to more than one woman and
> who accepts the responsibility for the children he fathers and the
> women he MARRIES, is sufficient to set liberals like Geraldo Rivera
> off like a hand grenade?
>
> And, exactly how does a liberal justify getting so upset about
> polygamy, after the Supreme Court, in Roe vs Wade ruled that "Freedom
> of choice in the basic decisions of one's life respecting marriage,
> divorce, procreation, contraception and the education of children" are
> basic rights "retained by the people." Roe vs Wade declared that the
> "liberty to marry a person of one's own choosing" was a protected
> right and the "privacy of the marital relationship" was "in this
> category." If the right of privacy covers the "right" for a woman to
> have an abortion, it certainly would have to include the "right" for a
> woman to chose her own style of marital relationship. If she chooses a
> polygamous relationship, her fundamental "right to choose" and "right
> to privacy" should protect her. And, it is not just Christian groups
> like the Branch Davidians who base their practice of polygamy on their
> religious interpretation of the Old Testament. The Koran also allows
> men to have up to four wives, and Islam is a rapidly growing religion
> in America. It's only a matter of time before either the Old Testament
> Christians or the Muslims successfully challenge the laws against
> polygamy, just as the laws against abortion were challenged in 1973.
>
> And, will that affect the state of Utah and the Mormons? Not in the
> least. The only way the Mormons would begin to practice polygamy would
> be for the president of the Church to receive another revelation from
> God re-authorizing a practice which was rescinded, through revelation,
> in 1890. For Mormons, God, not the government, is the only One with
> sufficient authority to approve plural marriage anyway.
>
> Yesterday's Associated Press report noted, "Now the stakes are high
> for the Kingston brothers. John Kingston could receive up to five
> years in prison at his sentencing, scheduled for June 29 in 1st
> District Court in Brigham City. David Kingston could get up to five
> years in prison and a $10,000 fine on each of four counts if
> convicted."
>
> The stakes are also high for people like Geraldo Rivera who support
> unlimited, uncontrolled and unnatural sexual promiscuity, but who are
> scandalized by plural marriage in which families are formed and
> fathers take responsibility for their wives and children. They just
> may find that the fundamental "right to choose" is not limited just to
> abortion.
>
> And THEN what terrible thing would happen? Do you suppose that, if
> polygamy WERE legal, a nation of men who do not even bother to get
> married to ONE women in order to have sex, are going to rush out and
> marry a dozen women?
>
> Somehow, I don't think so.
>
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