Friday, November 25, 2011

Religious freedom doesn't protect polygamy, B.C. court says in landmark case

By James Keller, The Canadian Press
11/23/2011

VANCOUVER - The celestial marriages performed in the polygamous commune of Bountiful, B.C., are inherently harmful and must be outlawed to protect women, children and the institution of marriage, a B.C. judge said Wednesday as he concluded Canada's 121-year-old law against polygamy is constitutional.

The landmark decision is seen as just a step in a legal odyssey that will likely see the Supreme Court of Canada decide whether the Charter of Rights and Freedoms protects the religious practice of multiple marriage.

Chief Justice Robert Bauman of the B.C. Supreme Court concluded there is no such right.

The Criminal Code section banning polygamy does infringe on the right to freedom of religion, Bauman concluded, but that was outweighed by the long list of harms polygamy inflicts on women and children, including sexual and physical abuse, child brides and the institutionalization of gender inequality. the rest

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