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Tuesday, September 7, 2010

Fearing Self-Incrimination in Canadian Polygamy Trial

How do you testify against a law that criminalizes your marriage, without incriminating yourself? Incriminating yourself would be a problem if the law is upheld. This is the problem facing FLDS members in the Canadian trial that could possibly grant the freedom to marry to polygamists.

The Fundamentalist Church of Jesus Christ of Latter Day Saints and its B.C. bishop, James Oler, want immunity from future criminal prosecution.

Oh, not just immunity here; in the United States as well.

They want to testify anonymously, using pseudonyms or hidden behind screens, and they don't want to answer incriminating questions.

The motion was filed Wednesday by their lawyer Robert Wickett and is scheduled to be heard Sept. 8 by B.C. Supreme Court Chief Justice Robert Bauman.

The request is a longshot.

Muslims also seem to have qualms. None even asked to be heard.

Yet, six members of the secular Canadian Polyamory Advocacy Association filed affidavits.

One American even acknowledged that participating in the case may put his application for Canadian citizenship at risk.

But perhaps risking jail for their beliefs is a burden too great for religious polygamists to bear.

End all of this turmoil. Institute full marriage equality. If someone is violating consent by beating someone, or raping someone, or molesting children, then prosecute them for that. But why tie up courts trying to prevent people from having the freedom to marry the person or persons they love? Why should anyone else care if a man wants to marry two women any more than they care if a man marries another man? Or if two sisters want to marry?
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