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Issue: Polygamy
Date: April 16, 2004 -- with
Official Postscript: August 14, 2004
Author: Ken Larsen
The Utah Constitution forbids polygamy. But an amendment is not required.
The Utah Constitution also says "the Constitution of the United States is
the supreme law of the land." (Article I, Section 3) Since the ban on
polygamy clearly violates the 14th Amendment, it is null and void, and
polygamy is constitutional. All it needs is a Court that can read plain
English.
When I am elected Governor, my current understanding of the State
Constitution means that my oath of office will require me to order the
County Clerks to issue marriage licenses without discrimination on the basis
of religion, including those who may belong to the Same Sex Church. I will
also be required to order that all law enforcement officers in the state
must refrain from enforcing unconstitutional laws forbidding consensual
adult relationships. The Constitution is written in English. A Governor does
not need a Judge to translate it for him any more than I need a clergyman to
translate the Bible for me. Also, I think it is perfectly within the role of
the Government to decide minimum ages for marriage with and without parental
consent. And, I think it is also within the role of Government to determine
that a person should demonstrate an ability to support an additional family
before taking an additional spouse. If the proposed Taliban Marriage
Amendment passes, It will violate the National Constitution, rendering it
unconstitutional. It would be as unconstitutional as a state amendment
returning blacks to slavery. If we want the Constitution to stand when
others don't like it, we've got to let it stand when we don't like it.
In view of the proposed Utah Amendment and the national attention to this
issue, I suggest that every voter ask all the other gubernatorial candidates
to take as clear a stand as I have on this issue in general and on the
amendment in particular. If because of me, the other candidates, including
Utah's future Governor, are confronted with this issue it will be well worth
any votes I might lose. See how I can win without getting elected?
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Official Postscript: August 14, 2004
It has been brought to my attention that requiring financial assets
only for those who want plural spouses is discriminatory. I agree.
It is not fair to require financial responsibility for those who want plural
spouses and not require it for everyone. Until we can reform our
current welfare laws, it might be appropriate to require it for anyone who
wants to raise a family, regardless of how they arrange it. Maybe
those who do not wish to submit to a financial check should somehow be
allowed out if they voluntarily accept a lower standard of potential welfare
protection. And, since marriage is a serious contract, it should be
reserved for people capable of making serious contracts.
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Ken Larsen, Candidate for Governor
Personal Choice Party
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