Should Polygamous Marriage Be Legal?

Abstract

This paper argues that polygamous marriage should be decriminalized only if certain conditions are met: (1) every party involved is able to enter and exit the marriage at all times, (2) governments promote social norms that respect equality of every sex, and (3) children’s well-being is protected. Four objections against the legalization of polygamy are examined and criticized. First, the structural inequality objection – polygamy should be illegal because the structure of polygamous marriage is inherently inegalitarian. Second, the bargaining inequality objection – polygamy should be illegal because, in inegalitarian liberal societies, it is more likely that those who choose to be the peripheral spouse in polygamous marriage would decide from unequal bargaining positions. Third, the male-dominated norms objection – polygamy should be illegal because, in social contexts where polygyny is much more popular than polyandry, legalizing polygamy would boost inequality between males and females. Fourth, the children’s well-being objection – polygamy should be illegal because it would likely inflict harm on children. I argue that these four objections fail to justify the criminalization of polygamy. Instead, polygamy should be legal under certain conditions that are not as demanding as polygamy’s critics propose.