An Arizona bill that would help women exiting polygamous marriages may pose a potential hazard for children.
The state outlaws polygamy, but some small communities defy authorities. House Bill 2325 attempts to clarify the custody process when mothers in such relationships seek divorce. But Peter Gentala, general counsel for the Center for Arizona Policy, said he sees a pitfall.
“The problem with this bill is that it leaves it open for the judge to use his or her discretion to actually place a child in a polygamous or bigamous household," he said. "That’s just inappropriate. The bill shouldn’t leave any opportunity for a judge to do that.”
Chris Stovall, senior legal counsel with the Alliance Defense Fund, told Family News in Focus the bill might lead to polygamy being legitimized.
“It would almost seem to make it easy for a court in certain circumstances to justify and legitimize the practice of polygamy," he said, "by entering findings in writing that there would be no significant harm to the child in that environment.”
He said the measure borrows from homosexual activists' playbook.
“A court may, at some point, say we’ve had so many advances in the law in favor of this particular special interest group," he said, "that now the thing that their lifestyle is defined by gains constitutional status and is protected under our Constitution.”
FOR MORE INFORMATION
To keep up with policy issues in Arizona, visit The Center for Arizona Policy Web site.
