ABSTRACT
This chapter describes the practice of ethical non-monogamy to explore Chief Justice Bauman's reasons for articulating this harm, and to consider its consequences. It explains the critique Chief Justice Bauman's reliance on the harms widely associated with polygynous communities as justification for the absolute prohibition of polygamy. The chapter discusses ethical non-monogamy as an equality-oriented alternative to more traditional polygamous practices. It considers why Chief Justice Bauman identifies "harm to the institution of monogamous marriage" as a consequence of polygamy rather than simply affirming the benefits of monogamous marriage. The chapter argues that this articulation legitimizes the objective of preserving the institution of monogamous marriage. It discusses Chief Justice Bauman decision amounts to a reprimand of their sexual preferences with the full force of the law behind it. To justify upholding the prohibition of polygamy, Chief Justice Bauman focuses on the outward form of conjugal relationships rather than the harms and benefits that arise in particular circumstances.
