It is generally assumed without question that the state has a right to
punish certain kinds of sexual irregularity. No one doubts that the
Mormons sincerely believed polygamy to be a desirable practice, yet
the United States required them to abandon its legal recognition, and
probably any other Christian country would have done likewise.
Nevertheless, I do not think this prohibition was wise. Polygamy is
legally permitted in many parts of the world, but is not much
practised except by chiefs and potentates. If, as Europeans generally
believe, it is an undesirable custom, it is probable that the Mormons
would have soon abandoned it, except perhaps for a few men of
exceptional position. If, on the other hand, it had proved a
successful experiment, the world would have acquired a piece of
knowledge which it is now unable to possess. I think in all such
cases the law should only intervene when there is some injury
inflicted without the consent of the injured person.
It is obvious that men and women would not tolerate having their wives
or husbands selected by the state, whatever eugenists might have to
say in favor of such a plan. In this it seems clear that ordinary
public opinion is in the right, not because people choose wisely, but
because any choice of their own is better than a forced marriage.
Pages:
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79