reference case in B.C. is important in terms of how the court sees women’s equality versus men’s equality: the inherent role of unequal structure, how it stereotypes women particularly in the case of Bountiful into child-bearing-service roles, having sex at certain times, maximizing the chances of child-bearing and being trained to be sweet. The wrong is the unfair structure: it allows a man to marry multiple spouses but not women. It denies women sexual exclusivity and it stereotypes them in child-bearing roles.”
When the reference case began, all sides lined up to have their day in court. The judge, Chief Justice Robert Bauman, listened to months of testimony, called on dozens of witnesses and ultimately made his lengthy and careful judgment. He ruled that though the ban on the practice of polygamy infringed on some sections of the Charter, polygamy remained illegal in Canada. He wrote that “the harms associated with the practice are endemic; they are inherent,” and that the harms found in polygamous societies “are not simply the product of individual misconduct; they arise inevitably out of the practice.” He further stated, “There is no such thing as so-called good polygamy.”
His judgment was in keeping with attitude changes the world over: the oppression of women not only hurts individuals but also hinders economies and holds back progress. A judgmentimpossible to imagine even a decade earlier now seemed inevitable.
His comprehensive legal opinion is the first in the world to fully expose the effects of polygamy. In his conclusion he listed harms done, an itemization worth quoting at length.
(a) It creates a pool of unmarried men with the attendant increase in crime and anti-social behaviour;
(b) The increased competition for women creates pressure to recruit increasingly younger brides into the marriage market;
(c) This competition causes men (as fathers, husbands and brothers) to seek to exercise more control over the choices of women, increasing gender inequality and undermining female autonomy and rights. This is exacerbated by larger age disparities between husbands and wives in both polygynous and monogamous relationships;
(d) Men reduce investment in wives and offspring as they spread their resources more thinly across larger families and increasingly channel those resources into obtaining more wives.
(e) While polygyny increases the value of women in the marriage market, women do not realize the added value since men manipulate social institutions in ways that facilitate their control of women. These institutions include early and arranged marriages, the payment of bride-price, easy divorce and the devaluing of romantic love. Among the costs are depressed mental health for women and poorer outcomes for their children.
(f) Women in polygynous relationships are at an elevated risk of physical and psychological harm. They face higher rates of domestic violence and abuse, including sexual abuse. Competition for material and emotional access to a sharedhusband can lead to fractious co-wife relationships. These factors contribute to the higher rates of depressive disorders and other mental health issues that women in polygynous relationships face. They have more children, are more likely to die in childbirth and live shorter lives than their monogamous counterparts. They lack reproductive autonomy, and report high rates of marital dissatisfaction and low levels of self-esteem. They also fare worse economically, as resources may be inequitably divided or simply insufficient.
(g) Children in polygynous families face higher infant mortality, even when accounting for economic status and other relevant variables. They tend to suffer more emotional, behavioural and physical problems, as well as lower educational achievement. These outcomes are likely the result of higher levels of conflict, emotional stress and tension in polygynous families. In particular, rivalry and jealousy among co-wives can
When the reference case began, all sides lined up to have their day in court. The judge, Chief Justice Robert Bauman, listened to months of testimony, called on dozens of witnesses and ultimately made his lengthy and careful judgment. He ruled that though the ban on the practice of polygamy infringed on some sections of the Charter, polygamy remained illegal in Canada. He wrote that “the harms associated with the practice are endemic; they are inherent,” and that the harms found in polygamous societies “are not simply the product of individual misconduct; they arise inevitably out of the practice.” He further stated, “There is no such thing as so-called good polygamy.”
His judgment was in keeping with attitude changes the world over: the oppression of women not only hurts individuals but also hinders economies and holds back progress. A judgmentimpossible to imagine even a decade earlier now seemed inevitable.
His comprehensive legal opinion is the first in the world to fully expose the effects of polygamy. In his conclusion he listed harms done, an itemization worth quoting at length.
(a) It creates a pool of unmarried men with the attendant increase in crime and anti-social behaviour;
(b) The increased competition for women creates pressure to recruit increasingly younger brides into the marriage market;
(c) This competition causes men (as fathers, husbands and brothers) to seek to exercise more control over the choices of women, increasing gender inequality and undermining female autonomy and rights. This is exacerbated by larger age disparities between husbands and wives in both polygynous and monogamous relationships;
(d) Men reduce investment in wives and offspring as they spread their resources more thinly across larger families and increasingly channel those resources into obtaining more wives.
(e) While polygyny increases the value of women in the marriage market, women do not realize the added value since men manipulate social institutions in ways that facilitate their control of women. These institutions include early and arranged marriages, the payment of bride-price, easy divorce and the devaluing of romantic love. Among the costs are depressed mental health for women and poorer outcomes for their children.
(f) Women in polygynous relationships are at an elevated risk of physical and psychological harm. They face higher rates of domestic violence and abuse, including sexual abuse. Competition for material and emotional access to a sharedhusband can lead to fractious co-wife relationships. These factors contribute to the higher rates of depressive disorders and other mental health issues that women in polygynous relationships face. They have more children, are more likely to die in childbirth and live shorter lives than their monogamous counterparts. They lack reproductive autonomy, and report high rates of marital dissatisfaction and low levels of self-esteem. They also fare worse economically, as resources may be inequitably divided or simply insufficient.
(g) Children in polygynous families face higher infant mortality, even when accounting for economic status and other relevant variables. They tend to suffer more emotional, behavioural and physical problems, as well as lower educational achievement. These outcomes are likely the result of higher levels of conflict, emotional stress and tension in polygynous families. In particular, rivalry and jealousy among co-wives can
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