I watched a few minutes of a TV programme last night. The piece I saw was a series of interviews with Muslims who were in favour of polygamy. So I got to thinking about it and subsequently decided I didn’t have a problem with it. During one of the interviews a polygamist, a man, referred to men who engage in extra marital affairs and who father children. He suggested that it would be better if there was a legal basis to these relationships the man would have a responsibility to the women and kids involved. So I got to thinking some more about it and decided he was talking sense.
The problem is that the whole discussion of polygamy in general takes place against the background of an assumption that marriage is a sacred union. The assumption that marriage is in some way sacred is itself based on the assumption that God or some divine entity has an opinion on it one way or the other. This I am not so sure about. In the Christian tradition it stems from the reference in the bible that says “what God has joined together, let no man put asunder” (Matthew 19.6). This too is used where it is based on the assumption that God has in fact joined together all the relationships that man says he has. That assumption is manifestly wrong and there is no basis for it at all. There are a whole bunch of marriages that no God in his right mind would ever give the OK to. The arrogance of religion is that just because the religion deems something to be sacred that it implicitly receives the support of the particular God in question.
Marriage is an arrangement. It has always been so. For many people it is a commitment made in public and with due ceremony (and expense) so as to signify its importance for those concerned. We make a big deal of those occasions which we consider to be a big deal for us. Because of this whole sacredness thing in a pluralist society it has become increasingly necessary to separate the legal relationship, the contract between two individuals which one hopes is freely entered into, from the emotional relationships. So it seems reasonable to me that if individuals want to enter into legal contracts they should be free to do so with all the consequences and responsibilities that flow from that. It is quite another thing for any children that result from such relationships as they have not exercised any choice. We don’t choose our parents.
Of course there are implications in considering “marriage” in its religious connotations as being distinct from civil contracts. Once you do that it follows that any consenting adults must be free to enter into such civil contracts. Therefore same sex civil partnerships would be perfectly reasonable. I can conceive of civil contracts being enacted between people on the basis of a genuine lifelong friendship. It seems to me that once one lets go of the religious legacy the question becomes one of what the state is willing to support through its taxation and social welfare policies.
So much of what we call “normal” is a result of solutions found for problems that existed due to life conditions that no longer exist. Much of the work previously carried on by union activists is now the responsibility of government agencies and that, I believe, is how it should be. The state declares the standard that is to be adhered to based on the wishes of the population (allowing for ignorance and stupidity of course) just as FF did for the last number of years. People wanted light touch regulation and they got it. Given the technologies available to us and the level of sophistication of our legal system it is reasonable to suppose that we can determine questions of hereditary and ownership which marriage proposed to solve. We can resist the temptation to covet our neighbours land or goods without resorting to marrying his sister or fathering a child with his cousin. Richard the Lionheart offered his sister to Saladin during the Crusades. Such is the basis of the dowry which was once part and parcel of every culture and remains so in some.
Ultimately society will have to recognise the individual has having inalienable rights as a result of their existence and not as a result of their hereditary, their relationships or their position within society. This is not a position likely to gain the support of those seeking to maintain their power and status within society. Yet it would recognise that other declaration of the Catholic God that all men are created equal as far as he is concerned. Therefore children would have rights. This position is one being resisted by both church and state here in Ireland for to give the individual rights is to place a responsibility on those exercising power to treat all equally under law. The state does not want this because it involves taking from the rich and powerful in order to level the playing field of social history and of genetics. It becomes a massive insurance scheme against the vicissitudes of life. A spreading of the risks imposed by evolution as natural selection winds down from the human perspective. It is not supported by the religions because it removes the possibility of being one of the select group of those who have a special relationship with the divine. The special relationship so dismissed by A Course in Miracles is the basis of dogma. It removes the need for conscience in that one can simply refer to ones interpretation of the rules and lash all round you.
So all relationships, legally enacted or implied, become the subject of judicial process. That judicial process can be a mediation one or subject to judgement. We are all then free to add whatever layers of meaning or significance we choose to that relationship but rest assured we will be held accountable for it. That sense of accountability would be an advance on the current situation where relationships are entered into frivolously and with scant consideration of the longer term implications.